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Iowa Failure to Warn Law
 
STATE OF IOWA vs. JEFFREY R. FLOWERS

Jeffrey Flowers appeals the judgment entered after he pled guilty to first
degree theft, second-degree theft, and two counts of driving while barred as a
habitual offender. He contends his trial counsel was ineffective in failing to file a
motion in arrest of judgment to challenge the adequacy of the trial court’s plea
colloquy. Specifically, Flowers complains the court failed... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. DAWN MARIE LIENAU

Dawn Lienau pled guilty to driving while barred. She appeals her
conviction asserting her counsel provided ineffective assistance. She claims by
pleading guilty she is now prohibited from challenging an evidentiary ruling of the
court that allowed the State to admit her certified driving record into evidence in
lieu of live testimony from an employee of the department of tran... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. NICOLE ANN SIDERS

On February 15, 2015, Des Moines Police Officer Nick Lloyd was working
off duty, but in full uniform, at Wal-Mart on Southeast 14th Street in Des Moines.
A loss prevention employee informed Officer Lloyd that Siders had left the store
without paying for $27.40 worth of items. Siders hopped into a car and said, “Go,
go, go” to the driver, who sped out of the parking lot. When... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. MARK ANTHONY JOHNSON

After his conviction for assault with intent to commit sexual abuse on
August 27, 2003, Johnson was required to register as a sex offender. In 2006,
2009, and 2014, Johnson was convicted of failing to comply with the registration
requirement. On October 20, 2014, Johnson registered his address as required.
On December 5, 2014, Johnson moved into his sister’s apartment—a diff... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. MICHAEL AARON DUTCHER

Dutcher was convicted of two counts of robbery based on robberies that
occurred in Sioux City approximately one month apart. The first robbery took
place at a Super 8 motel. Dutcher entered the motel at approximately 5:00 a.m.
on May 15, 2014, when the only person present was the front desk clerk. He
was armed with a gun and threatened to shoot and kill the clerk2 if he was ... More...
   $0 (05-26-2016 - IA)

JUSTIN JENTZ vs. STATE OF IOWA

In February 2011, Justin Jentz was charged with operating while
intoxicated and possession of a controlled substance, the latter of which was
subject to an enhancement based on previous drug convictions. Jentz was
found guilty of both charges in June 2012. The district court sentenced Jentz to
180 days for the operating-while-intoxicated charge and up to five years
impri... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. OLIVER LEE LEWIS

In 2014, Lewis entered into three separate plea agreements with the State
regarding three separate offenses: driving while license revoked; public
intoxication, third offense; and operating while intoxicated, second offense (OWI).
In those agreements, the State indicated it would recommend the following on
each charge, respectively: (1) $1000 fine; (2) “2 yrs prison, $625 suspe... More...
   $0 (05-26-2016 - IA)

JAMES LEE BLAIR vs. STATE OF IOWA

In 1982, Blair was convicted of first-degree murder and second-degree
theft. Our supreme court affirmed his convictions on direct appeal. See State v.
Blair, 347 N.W.2d 416, 418 (Iowa 1984). The denial of Blair’s first PCR
application, filed in 1984, was affirmed by this court. See Blair v. State, 492
N.W.2d 220, 221 (Iowa Ct. App. 1992).
In 2014, Blair filed his seco... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. EARL ANTONIO DUNN

At trial, the jury could have found the following facts. Dunn and the victim,
Kelon Tucker, had known each other since 2008, and they remained on good
terms until approximately June 2014, when Dunn began dating Tucker’s ex
girlfriend, Qiana Saunders.
On the evening of July 28, 2014, after drinking, Tucker, his new girlfriend,
and another female friend went to a gas stat... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. JEREMY LEE SCHROEDER

On February 14, 2013, conservation officers from the Iowa Department of
Natural Resources (DNR) executed a search warrant at Schroeder’s residence.
Schroeder’s adult son, who was living in Schroeder’s home at the time, was the
subject of the investigation. The DNR officers had been told Schroeder was
believed to be involved in the manufacturing of methamphetamine in a briefin... More...
   $0 (05-26-2016 - IA)

MICHAEL CONNOR vs. STATE OF IOWA

Michael Connor pled guilty to two counts of third-degree sexual abuse and
one count of sexual exploitation of a minor based on his abuse of a foster child in
his home. The court sentenced him to ten years in prison on each count and
ordered the two sexual-abuse charges to run consecutively, but the exploitation
charge was ordered to run concurrently to the first sexual-abuse s... More...
   $0 (05-26-2016 - IA)

SHAIN MATTHEW MALLOY vs. STATE OF IOWA

Shain Malloy appeals the district court’s summary dismissal of his
applications for postconviction relief (PCR). In 1995 Malloy was convicted of
extortion following a guilty plea and convicted of burglary following a jury trial. He
was also convicted of interference with official acts following a guilty plea in
January 2004. In June 2009, Malloy was sentenced in federal cour... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. BENNIE JAMES LENOIR

In the summer of 2013, White was approached by officers from the
Burlington Police Department who were investigating a homicide. Although
White was not a suspect, the officers believed he might have some knowledge
useful to their investigation. During their meeting with White, the officers
discovered he was in possession of crack cocaine. Subsequently, they recruited
Wh... More...
   $0 (05-26-2016 - IA)

STATE OF IOWA vs. BRENNA LYN BETTS

On December 12, 2012, Betts was observed speeding by Officer Rafe
Albers. By the time Officer Albers was able to catch up to her vehicle, Betts had
parked her car in the parking lot of her apartment complex and exited her vehicle.
When the officer told her that she had been speeding and he needed her
identification, Betts argued that he could not cite her for speeding because... More...
   $0 (05-26-2016 - IA)

WILLIE DEXTER KIMBROUGH vs. STATE OF IOWA

Willie Dexter Kimbrough appeals from the district court’s ruling on his
application for postconviction relief. Because the claim raised here was not
raised below, we dismiss the appeal.
Following an August 7, 2012 bench trial, Kimbrough was found guilty of
child endangerment, as well as neglect of a dependent person and second
degree theft. The latter charges were allege... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. BRANDON LYNN SCHAUL

Brandon Schaul appeals from his convictions for homicide by vehicle, in
violation of Iowa Code section 707.6A(1) (2013), and serious injury by vehicle, in
violation of Iowa Code section 707.6A(4). Schaul contends there is insufficient
evidence to support his convictions because the State failed to show he was
under the influence or that his intoxication caused the collision. ... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. CHAD ALLAN TITUS

After Chad Allen Titus pled guilty to indecent exposure, the district court
imposed the special sentence pursuant to Iowa Code section 903B.2 (2011),
which committed Titus to the custody of the director of the Iowa Department of
Corrections for ten years. Titus appeals the denial of his motion to correct an
illegal sentence, which challenged the constitutionality of the specia... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA, vs. RICKY L. GRAY

On February 21, 2015, Ricky Gray was stopped for speeding. The police
officer who stopped him observed what appeared to be an illegal controlled
substance in Gray’s possession. Gray was arrested for possession of marijuana.
He entered a written guilty plea to possession of a controlled substance (second
offense) in violation of Iowa Code section 124.401(5) (2015). Gray admi... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. LIONEL CLARK

On July 15, 2014, Clark was charged by trial information with introducing
contraband (controlled substance) into a detention facility, in violation of Iowa
Code section 719.7(3)(a) (2013). The matter proceeded to jury trial on February
10–12, 2015. Immediately prior to the commencement of trial, upon the
prosecution’s motion, the charge was amended to instead allege a violati... More...
   $0 (05-13-2016 - IA)

JOHN ROBERT GEORGE vs. STATE OF IOWA

John George appeals the order denying him postconviction relief (PCR)
for his 2012 conviction of driving while suspended. He claims his conviction must
be vacated in the interest of justice based on a material fact not previously
presented or heard. See Iowa Code § 822.2(1)(d) (2013). Stated succinctly,
George argues his conviction should be vacated because the officer who c... More...
   $0 (05-12-2016 - IA)

STATE OF IOWA vs. ZACHERY THOMAS BUTRICK

The facts underlying Butrick’s convictions are not at issue. Briefly stated,
Butrick kicked his girlfriend’s four-year-old son in the face after the child was
disobedient. When the girlfriend tried to intervene, Butrick pushed her into a wall.
He then choked her, hit her in the face, and threatened to slit her throat with a
knife in front of the child. During the altercatio... More...
   $0 (05-12-2016 - IA)

STATE OF IOWA vs. KAI ROBERT MILLER

Kai Miller spent several hours at a Davenport bar, got behind the wheel of
his car, and crashed into another car. The driver and front-seat passenger in the
other car died. A third person seated in the back was seriously injured.
The State charged Miller with operating a motor vehicle while intoxicated
(first offense) as well as six additional crimes: two counts of homicide ... More...
   $0 (05-12-2016 - IA)

JENSE ALLAN BERGANTZEL vs. STATE OF IOWA

Jense Bergantzel appeals the dismissal of his second application for
postconviction relief (PCR). He contends the PCR court erred in concluding his
action was untimely. He also argues his sentence is illegal as being grossly
disproportionate to his crime. We review the denial of a PCR application for the
correction of errors at law. See Castro v. State, 795 N.W.2d 789, 792 ... More...
   $0 (05-12-2016 - IA)

STATE OF IOWA vs. ARTHUR BARBINE

Arthur Barbine was convicted of three counts of credit card fraud, as a
habitual offender; four counts of credit card fraud, as an aggravated
misdemeanor; and one count of theft in the fourth degree, as a serious
misdemeanor. The district court ordered the habitual offender enhancements be
served consecutive to each other for a total term of incarceration not to exceed
fo... More...
   $0 (05-12-2016 - IA)

STATE OF IOWA vs. CODY EUGENE OLSON

Following the entry of a written guilty plea, the defendant was convicted of
operating while intoxicated, first offense, in violation of Iowa Code section 321J.2.
The defendant now seeks to challenge his guilty plea and subsequent conviction.
The defendant’s failure to file a motion in arrest of judgment precludes his “right
to assert such challenge on appeal.” Iowa R. Crim.... More...
   $0 (05-12-2016 - IA)

STATE OF IOWA vs. TOBY RYAN RICHARDS

On February 2, 2013, Poell was visiting Richards at his mother’s house in Davenport, where Richards lived. Both Poell and Richards were napping, Poell in bed and Richards on a couch in the same room. Beyond those facts, however, accounts of the day’s events diverge significantly.
3
A. Poell’s Testimony. According to Poell, she awoke to discover a message on her cell phone from anoth... More...
   $0 (05-09-2016 - IA)

JERRY TOLBERT vs. STATE OF IOWA

In 2011, a jury found Tolbert guilty of first-degree robbery. The pertinent facts relating to that conviction are summarized as follows: On the evening of June 16, 2011, seventy-four-year-old Albert Stewart patronized a tavern in Davenport, Iowa. . . . Shortly before midnight, he walked home, and, as he approached his front door, he was attacked from behind. Stewart fell to the ground and at so... More...   $0 (04-28-2016 - IA)

RANDY DEAN JONES vs. STATE OF IOWA

A jury found Randy Jones guilty of first-degree murder. Jones filed a
direct appeal of his judgment and sentence, which was resolved against him.
The appeal became final in 1997. Seventeen years later, Jones filed his fourth
application for postconviction relief. He asserted the trial information and certain
jury instructions were defective. The State moved for summary dis... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. GATBEL THOUK CHANY

Gatbel Chany appeals from his resentencing hearing based on his
convictions for three counts of robbery in the second degree and one count of
ongoing criminal conduct. He asserts the district court did not properly consider
the factors articulated in State v. Lyle, 854 N.W.2d 378 (Iowa 2014), when
imposing its sentence; consequently, he claims the court abused its discretion. ... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. JOSEPH ROBERT JOYCE, JR.

On March 4, 2013, an altercation between Joyce and Kiya Ferguson took
place in the residence Ferguson was occupying. Both testified they had been
residing together and believed that Ferguson was pregnant with Joyce’s child.
They had separated in December as the result of a no-contact order. When
Joyce arrived at Ferguson’s apartment is a matter of dispute. Ferguson testified... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. NATHANIEL CUMMINGS

On March 20, 2014, Cummings spent the night in Waverly at the home
belonging to the mother of his two children, Shelby Miller. The next morning after
getting herself and the children ready for the day, Miller woke up Cummings,
telling him he needed to find a ride back to his home in Waterloo. Cummings told
Miller she needed to take him home, but she informed him she did not h... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. NICHOLAS THORNE WIREMAN

On March 18, 2011, officers of the Cedar Falls Police Department
executed a search warrant at the apartment Wireman shared with his wife,
Jessica Smith. The officers found marijuana, LSD, psilocin mushrooms,
prescription pills, cash, a digital scale, packaging materials, drug paraphernalia,
an AK-47 semiautomatic rifle, a loaded twenty-gauge shotgun, a twelve-gauge
shotgu... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. JASMIN ALAGIC

On September 3, 2014, the State charged Alagic by trial information with
three crimes: driving while barred as a habitual offender, an aggravated
misdemeanor, in violation of Iowa Code sections 321.560 and 321.561 (2013);
operating while intoxicated, third offense, a class “D” felony, in violation of Iowa
Code section 321J.2; and driving while license denied or revoked, a serio... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. JONATHAN KAY DAVIS

Jonathan Davis appeals his conviction for operating while intoxicated in
violation of Iowa Code section 321J.2 (2013). Davis claims his counsel provided
constitutionally-deficient representation in failing to make several interrelated
challenges to the statute, the marshaling instruction, and the evidence. Davis
also argues the district court abused its discretion in denying ... More...
   $0 (04-28-2016 - IA)

SHAWN DESHAY HOOSMAN vs. STATE OF IOWA

Shawn Deshay Hoosman appeals the dismissal of his application for
postconviction relief (PCR). Hoosman claims the district court erred in
concluding he failed to preserve his ineffective-assistance-of-counsel claims for
PCR proceedings. He also asserts his PCR counsel rendered ineffective
assistance if an adequate record was not made. We agree the district court
erred b... More...
   $0 (04-28-2016 - IA)

EVAN CASEY MORAN vs. STATE OF IOWA

Evan Moran pled guilty to delivery of marijuana within 1000 feet of a
protected area in 2010. The trial information established Moran met with Dustin
Hampton, a close friend who was working as a confidential informant, and sold
Hampton marijuana for $1200.00. It only cost Moran $700 to obtain the
marijuana, and Moran asserts he only agreed to sell the drugs because of the More...
   $0 (04-28-2016 - IA)

LHA SOUTHIDETH-WHITEN vs. STATE OF IOWA

In July 2011, Whiten participated in two controlled buys of
methamphetamine with a confidential informant, Benji Boutchee. On July 27,
2011, the two were scheduled to meet for a third buy; however, during the
meeting at Whiten’s apartment, Boutchee was robbed of the $505 he was
supposed to use for the drug purchase. The police obtained a search warrant for
the apartment.... More...
   $0 (04-28-2016 - IA)

STATE OF IOWA vs. ALAN LEE LUCAS

Alan Lee Lucas appeals the restitution order from his convictions for theft
and ongoing criminal conduct, claiming the district court erred in ordering him to
make restitution to certain individuals and not to the limited partnership. We find
the district court properly exercised its discretion pursuant to Iowa Code chapter
910 (2013) in ordering Lucas to make restitution to t... More...
   $0 (04-28-2016 - IA)

CHARLES C. HORNE vs. STATE OF IOWA

Charles Horne was charged with several crimes in connection with an
apartment break-in, forced sex, and missing items. He entered Alford1 pleas to
third-degree sexual abuse, first-degree burglary, and two counts of second
degree robbery. The district court accepted the pleas and sentenced him to a
total prison term not exceeding fifty-five years, subject to mandatory minimum <... More...
   $0 (04-28-2016 - IA)

DEVALS NELSON vs. STATE OF IOWA

The background facts for Nelson’s convictions of first-degree murder,
willful injury resulting in serious injury, and assault causing bodily injury are set
out in our opinion from Nelson’s original appeal:
On the evening of November 20, 2004, Alvern Kensinger was spending some time with his fiancé, Lisa Taylor. At some point, Kensinger received a telephone call from Stephen Tolive... More...
   $0 (04-28-2016 - IA)

 
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