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Iowa Failure to Warn Law
 

STATE OF IOWA vs. KRISTINA LEIGHANN HELLBERG

On December 28, 2016, Hellberg took her mother’s Ford F150 truck without
her mother’s permission. The mother reported the missing truck to the Decatur
County Sheriff’s Office. Officers recovered the truck from Hellberg several days
later. The State charged Hellberg with first-degree theft, a class “C” felony, in
violation of Iowa Code sections 714.1(2) and 714.2(1) (2016). <... More...
   $0 (01-12-2018 - IA)

CATHRYN ANN LINN vs. STATE OF IOWA

Jury hands down first-degree murder verdict in Linn case

In its opinion affirming Linn’s conviction on direct appeal, this court set forth
the following facts surrounding the incident leading to Linn’s charge:
Muscatine police officers were dispatched to Linn’s residence in the early morning hours of February 7, 2007, after Linn called 911 to report she had shot someone. Several officers arrived at the residence brandishing weapons. Linn ap... More...
   $0 (01-12-2018 - IA)

STATE OF IOWA vs. BRETT CALVIN HENSLEY

Hensley pled guilty to third-degree burglary and was sentenced on March
25, 2014, to a suspended five-year prison term. Hensley was placed on probation
for two years, and the court ordered, as a part of that probation, Hensley complete
treatment at the Bridges of Iowa program. The sentencing order required Hensley
to remain in the Polk County Jail until space became available... More...
   $0 (01-12-2018 - IA)

MARK ALLAN BITZAN vs. STATE OF IOWA

Casper man convicted of rape again

A college student on her way home for winter break stopped at a rest area
in Monona County, Iowa. A man in the women’s restroom accosted her, forcibly
moved her to the handicapped stall, threatened her with a pocket knife, and raped
her.
A jury found Mark Bitzan guilty of first-degree kidnapping.1 This court
affirmed his judgment and sentence of life in prison. See S... More...
   $0 (01-12-2018 - IA)

STATE OF IOWA vs. NASSER MUHAMED SAHIR

Nasser Muhamed Sahir - Sex Offender in Waterloo, IA

In 2012, T.O.C. (born 1996) was living with her mother and Sahir. One
evening, Sahir came into T.O.C.’s bedroom while she was in bed and told her
“there’s things [she] can do to make [herself] feel better so [she’s] not so mad and
so [she doesn’t] go have sex.” Sahir put his hand on her, put his hand into her
pants, and penetrated her vagina with his fingers, “moving them in ... More...
   $0 (01-12-2018 - IA)

STATE OF IOWA vs. DANIELLE BROWN

Supreme Court of Iowa

The facts are essentially uncontested. The officers in this case obtained a search warrant for the residence. The search warrant indicated that the police were looking for evidence of the use, sale, and distribution of narcotics, along with firearms and ammunition. The search warrant identified one man, Jeffrey Sickles, as a person to be searched. An attached police affidavit identified a woma... More...   $0 (01-08-2018 - IA)

United States of America v. Robert Carl Sharp

Eighth Circuit Courthouse - St. Louis, Missouri

Robert Carl Sharp pleaded guilty after a grand jury returned a three-count
superseding indictment charging him with (1) conspiracy to manufacture and
distribute a controlled substance, in violation of 21 U.S.C. § 846; (2) possession with
intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1); and
(3) possession with intent to distribute, and aiding and a... More...
   $0 (01-05-2018 - IA)

JAY MICHAEL HARKLESS vs. STATE OF IOWA

Robber of multiple Cedar Valley banks goes to prison

In 2011, Jay Harkless pled guilty to second-degree robbery.1 He did not
appeal. In 2016, Harkless filed an application for postconviction relief (PCR),
claiming his sentence “exceeds the maximum authorized by law” under “House
File 2064 and its newly defined parameters” of robbery. See 2016 Iowa Acts ch.
1104, § 4 (codified at Iowa Code § 711.3A(1)-(2) (2017)) (providing for... More...
   $0 (12-25-2017 - IA)

CLINT JASPER vs. STATE OF IOWA

Iowa Court of Appeals

The State anticipated presenting evidence that Jasper forced three
children—ages three, four, and five years—to perform oral sex on him and
attempted to sodomize two of the children. The State filed a trial information
charging four counts of sexual abuse in the second degree, class “B” felonies, in
violation of Iowa Code sections 709.1 and 709.3(2) (2012). Each count carried... More...
   $0 (12-25-2017 - IA)

ANTONIO MONTE GIAMBO II vs. STATE OF IOWA

Assault with intent to commit sexual abuse

With the jury waiting, Antonio Giambo II entered a plea agreement with the
State that reduced his charge from third-degree sexual abuse, a class “D” felony,
to assault with intent to commit sexual abuse, an aggravated misdemeanor.
Following his guilty plea and sentencing, he unsuccessfully applied for
postconviction relief (PCR) as a self-represented litigant.
Giambo n... More...
   $0 (12-25-2017 - IA)

STATE OF IOWA vs. MARK BERNARD RETTERATH

According to the prosecution’s theory, Retterath was reenacting a
murderous plotline from an episode of Breaking Bad1 as he solicited associates
Aaron Sellers and J.R. to exact revenge against C.L., the young man who accused
Retterath of sexual abuse. The accusations of sexual abuse surfaced in January 2015, but the events
dated back more than ten years. As a young teenager,... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. RICKY KEASLING

Jury returns guilty verdict in Keasling trial

Darrell Teeter was murdered on August 11, 2014, at the same location
where he lived and worked, the Main Street Bait Shop in downtown Eldon. The
bait shop was in the front of the building, and Teeter’s residence was in the back.
Teeter had been ill and undergoing dialysis a few days a week, and he had been
prescribed hydrocodone for chronic pain.
A few days prior to hi... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. RICHARD GENE SHAWHAN

Man jailed for busting head open with bat

On December 21, 2014, Shawhan did not return to the Fort Des Moines
residential correctional facility. At that time, Butts and Kimberly Goemaat-Clark
(Clark) were living together in an apartment and were allowing Brian Mabrier and
Nicole Martin to stay with them. While on escape status, Shawhan occasionally
stayed with Butts and Clark.
On December 26, Butts, Clark, Ma... More...
   $0 (12-24-2017 - IA)

STATE OF IOWA vs. JEMERIAL LOVE

Iowa Court of Appeals

emerial Love appeals from her conviction by written guilty plea for theft in
the third degree, in violation of Iowa Code sections 714.1 and .2(3) (2016). Love
was alleged to have stolen items not exceeding $500 in value. Thus, to establish
Love committed third-degree theft under section 714.2(3),1 the State was
required to show Love had “before been twice convicted of theft.”... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. JEREMY JERMAINE JOHNSON

Jeremy Johnson, in two cases, entered a written plea of guilt of
aggravated misdemeanor assault with intent to commit sexual abuse, in violation
of Iowa Code sections 709.1 and 709.11(3) (2015).
This court reviews guilty pleas for correction of errors at law. State v.
Fisher, 877 N.W.2d 676, 680 (Iowa 2016).1
On appeal, Johnson contends he was not adequately advised p... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. BRITTANY RAE BEEK

North Iowa woman says she's not guilty of sex abuse of child

On May 10, 2016, two juvenile girls, S.R. and K.S.-H., respectively sixteen
and fifteen years old at the time, ran away from a youth shelter. The following
day, while they were still on the run, S.R. contacted Beek, a twenty-seven year
old, for a place to stay. Beek picked the girls up and eventually transported them
to her home. That evening, the three of them watched a mov... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. CHRISTOPHER L. KING

Iowa Court of Appeals

The case was tried to a jury, which found King guilty of the above-stated
offenses but found him not guilty of two other counts, dissemination of obscene
material and indecent exposure. The offense conduct at issue took place between
June 2013 and February 2015. Each of the offenses involved a different victim.
The four victims, K.R., R.F., A.O., and A.B., were teenage girls... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. MATTHEW SHAWN VICTOR BRIDGES

Three arrested in armed robbery

In November 2015, Bridges was forced to leave his father’s home in Eldora
because a no-contact order prohibited him from interacting with his brother, who
also lived there. When Bridges moved out both his girlfriend, T.H., then seventeen
years old, and his friend, G.C., then sixteen years old, left with him. The three
checked into the AmericInn in Iowa Falls. After a couple ... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA v. FREDDY DOUGLAS CRISP

Iowa man found guilty of murdering Devils Lake man

Freddy Crisp shot his friend Dale Potter after a day and night of drinking. A
jury found him guilty of first-degree murder. On appeal, Crisp challenges (1) the
sufficiency of the evidence supporting the jury’s finding of guilt, (2) his trial
attorney’s failure to object to an inference-of-malice jury instruction, and (3) the
district court’s denial of his motions for new tria... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. ALEXANDER MATTHEW KOZAK

Alexander Kozak transferred to new maximum security prison

Kozak frames the first issue as follows: “The State denied [him] due process
when, in violation of a sustained motion in limine, it invaded the jury’s province and
questioned a witness regarding [his] ability to plan, deliberate, and premeditate.”
The procedural history informing this issue is as follows.
Before trial, Kozak notified the court of his intent to rely on a dimi... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. MARTEZ DEROY SMITH

Jury convicts Martez Smith of murder

On November 25, 2014, Shawonyta Norman visited his sister, Latres
Johnson, at the home she shared with her boyfriend Martez Smith. At one point
in the afternoon, Johnson was putting up a baby gate to confine her two dogs when
Smith yelled at her and pushed her into the baby gate. She fell into the gate,
breaking it, and sustaining cuts on her ankle, arm, and neck. Soon after... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. TONJA ROJEAN BROWN, a/k/a TONJA ROJEAN HOLMES, a/k/a TONJA ROJEAN BROWN-HOLMES

Food Assistance | Iowa Department of Human Services

On August 3, 2012, Brown was charged with fraudulent practice in the
second degree. The State alleged she made false statements in order to obtain
food stamps from the Iowa Department of Human Services (DHS). Brown
entered into a plea agreement, and on July 25, 2014, entered an Alford plea to
fraudulent practice in the third degree,2 in violation of Iowa Code sections 234.13... More...
   $0 (11-23-2017 - IA)

THOMAS LEE HANSEN, SR. vs. STATE OF IOWA

Former Iowa emergency manager sentenced for girlfriend’s murder

The State charged Hansen with first-degree murder in the shooting death
of his girlfriend, Sharon Gerot, on May 1, 2011. Although Hansen admitted to
shooting Gerot, he claimed he had only intended to scare Gerot by shooting at her
and unintentionally killed her. After trial, a jury found Hansen guilty of second
degree murder. This court affirmed Hansen’s conviction on direct a... More...
   $0 (11-23-2017 - IA)

DAVID ALLAN LAHMANN vs. STATE OF IOWA

Iowa Court of Appeals

Lahmann shot two rescue flares in front of a crop-dusting plane as it flew
over his property because he believed the plane was scaring his horses. The State
charged Lahmann with intimidation with a dangerous weapon. Before trial,
Lahmann was offered a plea agreement for a suspended sentence, which he
rejected, and the case proceeded to trial.
When discussing the jury ... More...
   $0 (11-23-2017 - IA)

STATE OF IOWA vs. DENNIS DEAN CHINBERG

On March 6, 2016, Chinberg, along with his adult son, Colt, and other
acquaintances, went to the house of Tom Talsma to confront Talsma about
Talsma’s treatment of Chinberg’s grandson. An altercation ensued, and Talsma
was seriously injured in the fight.
Charges were brought against Chinberg and others, and the matter
proceeded to a jury trial against Chinberg in Septe... More...
   $0 (11-23-2017 - IA)

STATE OF IOWA vs. MICHAEL RAY WINEINGER

Two-year-old sexual abuse case may finally go to trial

In December of 2011, Wineinger moved into an apartment with Fred, Fred’s
three children, and Stephanie, who the children considered their mother. The living
accommodations included only two small bedrooms. The children shared one
bedroom. At the time of trial, the oldest child, a male, J.L., was fourteen years of
age; L.L., the alleged victim, was a female age ten; and there... More...
   $0 (11-23-2017 - IA)

STATE OF IOWA vs. KEITH MECO COLLINS

Teen charged with murder in Friday shooting

On November 7, 2016, police officers discovered the dead body of Aaron
McHenry with multiple gunshot wounds to the shoulder, arm, chest, and head. The
shooting occurred on a dead-end street at the twenty-six hundredth block of
Hickman Lane in Des Moines, Iowa.
Following the shooting and after finding a cell phone connecting Collins to
the murder, the police presented a s... More...
   $0 (11-23-2017 - IA)

STATE OF IOWA vs. ROGER CRAIG KISSEL

Cowboy Preacher Roger Craig Kissel found guilty of sexual abuse and lascivious acts with a child

The child and her parents moved into the house Kissel shared with his wife
in May 2013, just before child turned five years old. Kissel is the stepfather to the
child’s stepdad, and the child referred to Kissel as her grandpa. In early July 2013,
the child told her mother that Kissel touched her private parts. The child also told
the same thing to the mother’s friend the nex... More...
   $0 (11-23-2017 - IA)

DAVID W. DUNHAM vs. STATE OF IOWA

Iowa Court of Appeals

David Dunham appeals from the denial of his application for
postconviction relief (PCR), contending his plea counsel was ineffective in failing
to file a motion to dismiss based upon a violation of the speedy indictment rule.
His ineffectiveness claim fails, and we affirm.
We review ineffective-assistance-of-counsel claims de novo. Ennenga v.
State, 812 N.W.2d 696, 701 ... More...
   $0 (11-23-2017 - IA)

STATE OF IOWA vs. LEVI LEONARD HAMILTON

Around two in the morning, undercover officers saw Hamilton’s Malibu
park three feet from the curb outside a Sioux City house they suspected of
hosting illicit drug activity. The Malibu’s four occupants went inside the house for
about fifteen minutes. The undercover officers, driving an unmarked car,
followed the Malibu when it pulled away. Officer Dan Wagner recalled Hamilt... More...
   $0 (11-11-2017 - IA)

LONTREZ TREMONTE NABORS vs. STATE OF IOWA

In 2005, Nabors was convicted of criminal sexual abuse in Illinois. As a
result of this conviction, he was required to register with the Illinois sex offender
registry. In August 2013, after moving to Iowa, Nabors also registered with
Iowa’s registry. Shortly thereafter, the Iowa Department of Public Safety (DPS)
notified Nabors he was not required to register in Iowa becaus... More...
   $0 (11-11-2017 - IA)

STATE OF IOWA vs. JAMES ERNST II

Judge sentences Ernst to life for December 2014 murder

The record reflects the following. On the evening of December 5, 2014,
Ernst rented a white Lincoln MKX in Cedar Rapids and drove to Waterloo
accompanied by his friend Iviontae Jackson. Around 1:00 a.m., Jackson and
Ernst met up with friends Shaumara Taylor and Katie Werner. For a reason
never resolved at trial, the group stopped at a local convenience store. At the
co... More...
   $0 (11-11-2017 - IA)

Jason Cannon v. Bodensteiner Implement Company, et al.

Iowa Supreme Court

In this case, we must decide if the hearing conducted by the district court to determine if a juvenile offender should be sentenced to a minimum term of incarceration without eligibility for parole complied with constitutional safeguards. We conclude it did not. We vacate the decision of the court of appeals, reverse the sentence of the district court, and remand for resentencing.
I. Backgroun... More...
   $0 (10-27-2017 - IA)

United States v. Tamie Samuels

Eighth Circuit Courthouse - St. Louis, Missouri

In March 2015, Tamie Marie Samuels (“Samuels”) filed an alien relative visapetition (Form I-130) for the benefit of her new husband, Randell Samuels(“Randell”). The petition asked, “Have you ever before filed a petition for this or anyother alien?” Samuels falsely checked “no.” A jury convicted Samuels of knowinglymaking a false statement with respect to a material fact in an immigration matter in... More...   $0 (11-06-2017 - IA)

Irwin McNeil Scott v. State of Indiana

On October 12, 2016, police stopped the vehicle in which Scott and two
children were passengers. The driver of the vehicle exited to talk to the police
officer, and Scott, who was intoxicated, moved into the driver’s seat and drove
away. The police attempted to pull him over, but he kept driving for multiple
blocks, crashed into a pole, flipped the vehicle over, and left the ... More...
   $0 (11-05-2017 - IA)

STATE OF IOWA vs. ANTHONY MICHAEL PLUNKETT

Lascivious acts with a child

Anthony Michael Plunkett pleaded guilty to lascivious acts with a child, in
violation of Iowa Code section 709.8(1)(a), (2)(a) (2014). The district court
sentenced Plunkett to an indeterminate term of incarceration not to exceed ten
years. In this appeal, Plunkett challenges his sentence. He contends the district
court abused its discretion in considering Plunkett’s employme... More...
   $0 (10-31-2017 - IA)

STATE OF IOWA vs. LOREN PATRICK CRAMBLIT

Iowa supreme court

According to the minutes of testimony, Cramblit rented a home from
Shane O’Malley in West Des Moines. In February 2016, O’Malley went to the
property and found it had been vandalized. Police officers investigated the
incident and concluded Cramblit was involved in the damage to the property.
Cramblit was charged with criminal mischief in the first degree.
Cramblit ente... More...
   $0 (10-31-2017 - IA)

HUBERT TODD vs. STATE OF IOWA

Iowa Supreme Court

In the underlying case,1 Todd was charged with failure to comply with the
sex offender registry. He entered a guilty plea and was sentenced pursuant to a
plea agreement he reached with the State.
Todd directly appealed his conviction and sentence, and a panel of our
court decided his appeal in State v. Todd, No. 13-0271, 2015 WL 1546348, at *4
(Iowa Ct. App. Apr. 8, 2015... More...
   $0 (10-31-2017 - IA)

STATE OF IOWA vs. RYAN LEE MARKLEY

SEXUAL ABUSE 2ND DEGREE

Markley contends his trial counsel was ineffective in allowing him to plead
guilty without a factual basis for his pleas. We review these claims de novo. See
State v. Rodriguez, 804 N.W.2d 844, 848 (Iowa 2011). To prove ineffective
assistance, Markley must demonstrate “(1) his trial counsel failed to perform an
essential duty, and (2) this failure resulted in prejudice.” St... More...
   $0 (10-31-2017 - IA)

United States of America v. Daniel Virgil Kleve

Federal Courthouse - Cedar Rapids, Iowa

Cedar Rapids, IA - Sioux City Man Sentenced to Federal Prison for Failing to Register as a Sex Offender

A man who failed to register as a sex offender was sentenced August 2, 2017, to more than one year in federal prison.

Daniel Virgil Kleve, age 32, from Sioux City received the prison term after a March 20, 2017, guilty plea to one count of failure to register as a sex offender.... More...
   $0 (08-02-2017 - IA)

 
 
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