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Iowa Failure to Warn Law
 

STATE OF IOWA vs. TRAVIS NOLE TRUSTIN

Travis Trustin pled guilty to introducing contraband into a jail in violation of
Iowa Code section 719.7(3)(a) (2015). On appeal, Trustin contends the district
court (1) failed to advise him of a drug abuse resistance education (DARE)
surcharge or a thirty-five percent surcharge and (2) failed to advise him that he
had the right to use compulsory process in securing the attend... More...
   $0 (12-01-2016 - IA)

STATE OF IOWA vs. THOMAS EDWARD JENKINS SR

Thomas Jenkins appeals the sentence imposed following this court’s prior
decision that vacated his sentence and remanded the matter for resentencing.
See State v. Jenkins, No. 15-0589, 2015 WL 8367810, at *3-6 (Iowa Ct. App.
Dec. 9, 2015). He contends in this appeal the district court abused its discretion
at resentencing by not considering mitigating factors and that it “twi... More...
   $0 (12-01-2016 - IA)

STATE OF IOWA vs. LANDON MICHAEL RILEY

Landon Riley appeals from his convictions and sentences, following the
entry of an Alford plea, for two counts of willful injury causing bodily injury. Riley
maintains his trial counsel provided ineffective assistance by allowing him to
plead guilty without a factual basis and then failing to file a motion in arrest of
judgment. He also maintains the district court abused its... More...
   $0 (12-01-2016 - IA)

  STATE OF IOWA vs. PAUL ANTHONY SPURGIN

The State filed complaints against Paul Spurgin accusing him of
committing several crimes in Monroe County. The Monroe County Attorney
moved to disqualify himself because he had represented Spurgin in civil matters,
was representing Spurgin’s father in “present pending matters,” and had
represented Spurgin’s brother in “the recent past.” The district court granted the
mo... More...
   $0 (12-01-2016 - IA)

AURELIO JAVIER ORTIZ vs. STATE OF IOWA

On November 25, 2012, Des Moines police officer Todd Wilshusen was
on duty when he observed a vehicle without a front license plate. Officer
Wilshusen initiated a traffic stop. While speaking with the driver, Ortiz,
Wilshusen identified the smell of marijuana coming from inside the vehicle.
Wilshusen asked Ortiz where the marijuana was, and Ortiz responded the
occupants... More...
   $0 (12-01-2016 - IA)

STATE OF IOWA vs. KEVIN BROWN

Kevin Brown appeals from his conviction, following a guilty plea, for
operating while intoxicated. Brown maintains his trial counsel was ineffective for
allowing him to plead guilty without the district court making express findings the
plea was knowing and voluntary. Brown has the burden to establish both that his
trial counsel failed to perform an essential duty and that th... More...
   $0 (12-01-2016 - IA)

STATE OF IOWA vs. PHILLIP EUGENE MARAS

Sex Offender

The State charged Maras with first-degree harassment. See Iowa Code
§ 708.7(2)(a) (2015). “A person commits harassment in the first degree when the
person commits harassment involving a threat to commit a forcible felony . . . .”
Id. The State asserted the underlying forcible felony was a “threat to commit
second-degree sex abuse on a twelve-year-old child. See id. §§ 708.... More...
   $0 (11-30-2016 - IA)

ANTONIO RAY MOORE vs. STATE OF IOWA

On April 4, 2013, Moore was charged with theft in the second degree, in
violation of Iowa Code sections 714.1(1) and 714.2(2) (2011), and third-degree
burglary, in violation of section 713.6A(2). In June 2013, Moore was charged
with possession of a firearm by a person previously convicted of domestic abuse,
in violation of section 724.26(2), and an additional charge of second-... More...
   $0 (11-30-2016 - IA)

STATE OF IOWA vs. WALTER BAYLOR

Walter Baylor appeals following his guilty plea to possession of marijuana
with intent to deliver, enhanced as a habitual offender. He claims his
constitutional rights were violated when the court did not inquire and appoint new
counsel during his sentencing hearing when he “vaguely complain[ed] of a
breakdown in communication” with counsel. He further claims the court abused... More...
   $0 (11-30-2016 - IA)

STATE OF IOWA vs. BETTY ANN NALL

Nall was involved in a “Secret Shopper scam off the internet.” Nall
received money orders in the mail, cashed them, and returned most of the
money while keeping a portion for herself. Nall knew the scam was fraudulent.
FECR268329. In July 2013, Nall received a money order for $890, which
she knew was not legitimate, and she took it to a veterinarian’s clinic where she
... More...
   $0 (11-30-2016 - IA)

STATE OF IOWA vs. ERIC GENE THOMPSON

Eric Thompson pleaded guilty to felony eluding and operating while
intoxicated, second offense. In this appeal, Thompson challenges his
convictions, contending his plea was not intelligently made and this matter must
be remanded because the district court failed to advise him of the surcharges to
be imposed for each offense. We affirm the defendant’s convictions.
Iowa Ru... More...
   $0 (11-30-2016 - IA)

United States of America v. Damarcus Laron Liddell

Davenport, IA - Davenport Man Sentenced to Prison for Making False Statements to the Social Security Administration

Damarcus Laron Liddell, 29, of Davenport, Iowa, was sentenced to 18 months in prison for failure to disclose information to the Social Security Administration (SSA) and false statements to the SSA, each count to run concurrently. Liddell was ordered to serve three years of ... More...
   $0 (11-17-2016 - IA)

United States of America v. Gerhard L. Felts a/k/a Gary Felts d/b/a Black Diamond Kennel

MoreLaw Television


The Consequences Of Lying To Federal Agents
by
Kent Morlan

Cedar Rapids, IA - Black Diamond Dog Kennel Owner Sentenced For Making False Statements

A northwest Iowa man who owed a monetary penalty to the United States for numerous violations of animal welfare regulations at his kennel was sentenced to 3 years’ probation for lying to the government about his assets and income.

Gerhard (“Gary”) Felts, age 61, from Kingsley, Iowa, was senten... More...
   $0 (11-09-2016 - IA)

MEHO IBRAHIMOVIC vs. STATE OF IOWA

Meho Ibrahimovic sought postconviction relief following his multiple convictions for possession of stolen property. He claimed he received constitutionally ineffective assistance of counsel when his counsel failed to advise him of the immigration consequences of his guilty pleas. Ibrahimovic moved for summary disposition on his claim, contending prejudice should be presumed from the breach ... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. CLYDE ARRINGTON

Arrington challenges his conviction on appeal, arguing his trial counsel was ineffective in allowing him to plead guilty without a factual basis. Arrington failed to file a motion in arrest of judgment, which bars the direct appeal of his conviction unless the failure resulted from ineffective assistance of counsel. See State v. Straw, 709 N.W.2d 128, 132-33 (Iowa 2006). To succeed on a ... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. LINDA MARIE LAU

“Although claims of ineffective assistance of counsel are generally preserved for postconviction relief hearings, we will consider such claims on direct appeal where the record is adequate.” State v. Lopez, 872 N.W.2d 159, 169 (Iowa 2015) (citation omitted). The record here is sufficient to reach Lau’s claim challenging her counsel’s performance, and our review of her claim is de novo. See... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. ALEXANDER CAES

Alexander Caes challenges his guilty plea and sentence for possession of pseudoephedrine with the intent that it be used to manufacture methamphetamine. Caes alleges defense counsel was ineffective in failing to explain the terms of the plea agreement and failing to file a motion in arrest of judgment. Because the information conveyed in the written plea agreement and plea-hearing colloquy ... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. SCOTT CARTER WELLS

Scott Wells was charged with five counts of possession of a controlled substance. The charges arose out of two separate incidents in which police officers found Wells in possession of controlled substances. The charges were filed in separate trial informations and docketed with separate case numbers. Ultimately, the cases were resolved at the same time when Wells pleaded guilty in one case... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. NICHOLAS S. BLAUFUSS

.

D.J. was twelve years old in August 2014 when her family fell on hard times. Her mother suffered a series of strokes and lost her job at the convenience store. Her stepfather could not afford the contract payments on their house with just his earnings, so the parents, D.J., and her two younger stepbrothers moved in with family friend Donald Chipman in Burlington. Chipman’s house had three ... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. JONATHAN LEE SHUTT

In the early morning hours of August 27, 2014, law enforcement received a report of a break-in at a residence in Fort Dodge. A blood sample was collected from the scene by Officer Kleppe and submitted to the Iowa Division of Criminal Investigations (DCI) laboratory for possible DNA analysis. The sample was analyzed by DCI Criminalist Tara Scott—and the results were memorialized in a report ... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. JOSEPH WILLIAM RENDON

On September 24, 2014, Thomas Dean hosted an illegal high-stakes poker game in an outbuilding at his home on 86th Street in Johnston. Rendon had previously attended a poker tournament at Dean’s home and knew there would be a large amount of cash at the game. At about 1:30 a.m. on September 25, four men—Garvis Thompson, Arthur Benson, Jacari Benson (Jacari), and David Moore—came into the out... More...   $0 (10-28-2016 - IA)

STATE OF IOWA vs. TYRONE R. WASHINGTON, JR.

On August 19, 2013, Washington was charged by trial information with murder in the first degree in the death of Justina Smith. Washington entered a plea of not guilty and gave notice he would claim self-defense. The trial was initially set to begin on May 12, 2015. On May 5, 2015, Washington filed a motion to strike the jury panel, arguing there was “a material departure from the statutory... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. ROGER JAMES CHESHIRE

Roger Cheshire appeals his convictions and special sentence following his guilty pleas to the offenses of lascivious conduct with a minor and indecent exposure. He contends the special sentence imposed by the district court was illegal and his trial counsel was ineffective in failing to file a motion in arrest of judgment because his guilty plea to the offense of lascivious conduct with a mi... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. JOHNNIE RAY STEIGER

Johnnie Steiger appeals two judgments for indecent exposure (third or subsequent offense). The first was entered following a bench trial. At the conclusion of trial, Steiger stipulated to two prior convictions for sentencing enhancement purposes. The second judgment was entered in connection with a guilty plea. At the end of the guilty-plea proceeding, Steiger acknowledged his stipulation... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. DELANDRES THOMPSON

On October 17, 2014, around 12:45 a.m., a tow-truck driver in the area of Sturdevant and River Drive in Davenport observed a silver Pontiac Grand Prix drive by at a high rate of speed; he also heard two or three shots go off from the vehicle. Davenport Police Officer Donnie Pridemore was investigating a hit-and run accident when he saw the silver Grand Prix and also heard a popping sound. As... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. ALFRED KAKKI ANITOK

Alfred Anitok appeals his conviction and sentence after pleading guilty to incest. He contends his trial counsel was ineffective in failing to file a motion in arrest of judgment because he was not advised of the maximum penalty for the crime to which he pled guilty and, therefore, his guilty plea was not knowing and voluntary. Having shown no prejudice, we reject Anitok’s ineffective-assist... More...   $0 (10-27-2016 - IA)

TERRENCE EARL ROBY vs. STATE OF IOWA

Terrence Roby has appealed the dismissal of his postconviction relief (PCR) application. For our purposes, this case is effectively summarized by the conclusion portion of Roby’s final brief and reply brief in this appeal: Terrence Roby pled guilty to a 25 year drug sentence [in 2007 and 2008]. When he got to prison, he found out the prison was interested in requiring sex offender treatment.... More...   $0 (10-27-2016 - IA)

TIMOTHY PALMER vs. STATE OF IOWA

Timothy Palmer was convicted by a jury of first-degree murder and first degree robbery and was sentenced to a life sentence and twenty-five years, respectively, on November 22, 1995. Palmer appealed, and on June 26, 1997, his conviction was affirmed by the Iowa Court of Appeals. See State v. Palmer, 569 N.W.2d 614, 618 (Iowa Ct. App. 1997). The factual background leading to the charges and ... More...   $0 (10-27-2016 - IA)

STATE OF IOWA vs. DONALD RAY HARRIS

Donald Harris appeals following judgment and sentence entered upon
conviction of possession of a firearm as a felon, in violation of Iowa Code section
724.26(1) (2013).
On August 15, 2014, police received a report of a person with a firearm in
a silver car. When a vehicle matching the description was stopped, five people
were in the vehicle. Leondra Hughes was the dr... More...
   $0 (10-14-2016 - IA)

STATE OF IOWA vs. TERRY A. THOMAS

A jury found Terry Thomas guilty of operating a motor vehicle while
intoxicated. See Iowa Code § 321J.2(1) (2013). On appeal, Thomas contends
(I) the jury’s finding of guilt was not supported by substantial evidence, (II) the
district court should have granted his motion to suppress, and (III) his attorney
was ineffective in failing to timely disclose the witnesses he intende... More...
   $0 (10-14-2016 - IA)

CAR WASH CONSULTANTS, INC. vs. N/S CORPORATION

This matter comes before the court a second time. The facts and
circumstances giving rise to this litigation are set forth in our prior opinion and
need not be set forth in full herein. See N/S Corp. v. Car Wash Consultants, Inc.,
No. 11-0174, 2012 WL 1439084, at *1 (Iowa Ct. App. Apr. 25, 2012). In sum,
this litigation concerns a car wash manufactured by N/S Corporation and... More...
   $0 (10-14-2016 - IA)

DAVID LEE TOMLINSON Jr. vs. STATE OF IOWA

Tomlinson appeals from the district court’s dismissal of his third
application for postconviction relief (PCR) as being time-barred. See Iowa Code
§ 822.3 (2013) (“All other applications must be filed within three years from the
date . . . the writ of procedendo is issued.”).
In 1999, Tomlinson was convicted of first-degree murder, second-degree
murder, and flight to avo... More...
   $0 (10-14-2016 - IA)

  RONNIE SANDERS vs. STATE OF IOWA

Ronnie Sanders appeals from the district court’s dismissal of his
application for postconviction relief (PCR). Sanders maintains the district court
was wrong to dismiss his application because he established that he received
ineffective assistance from trial counsel. Sanders asserts he would have
accepted the offer to plead to a “C” felony rather than going to trial on the “B... More...
   $0 (10-13-2016 - IA)

STATE OF IOWA vs. DONALD DEAN GRIDLEY

A truck slid down an embankment and crashed, killing Donald Gridley’s
father. The State charged Gridley with vehicular homicide, defined as
“unintentionally caus[ing] the death of another by operating a motor vehicle while
intoxicated.” See Iowa Code § 707.6A(1) (2013). A jury found him guilty.
On appeal Gridley (1) challenges the sufficiency of the evidence
supportin... More...
   $0 (10-13-2016 - IA)

WENDELL K. HARRINGTON vs. STATE OF IOWA

This matter arose when Harrington was charged on February 21, 2003,
with five counts1 resulting from burglaries and vehicle thefts occurring in a
residential area of Des Moines. In their efforts to obtain evidence against
Harrington for these crimes, officers executed a search warrant on a home they
believed to be Harrington’s primary residence.
After a jury trial held ... More...
   $0 (10-13-2016 - IA)

WILLIE J. HERRON JR. vs. STATE OF IOWA

The facts of the crimes were sufficiently detailed in our opinion on
Herron’s direct appeal, and they do not need to be repeated here. See id. at *1–
2. Following our decision in 2011, Herron filed an application for postconviction
relief. Amended applications were filed in 2013, and the matter proceeded to a
hearing in March 2014. Both Herron and his trial counsel testified... More...
   $0 (10-13-2016 - IA)

STATE OF IOWA vs. MICHAEL ANTHONY

In August 2014, Anthony and the complaining witness began exchanging
argumentative messages on a social networking website. Events escalated
when Anthony began posting threatening language directed at the complaining
witness. On August 5, Anthony went to the complaining witness’s home. The
complaining witness and another witness both told officers that Anthony pulled a
... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. KENDALL CHAVEZ JOHNSON

In August 2015, Johnson was charged by trial information in six separate
counts with first-degree burglary, assault while displaying a dangerous weapon,
false imprisonment, interference with official acts, and two counts of child
endangerment. In exchange for Johnson’s agreement to plead guilty to a lesser
included offense of second-degree burglary and the assault-while-display... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. SHAUN MICHAEL SAVALA

During the summer of 2015, Savala began staying at his mother’s home.
His mother allowed him to stay at her home on the condition that Savala refrain
from using methamphetamine. During one of his stays, Savala began
withdrawing from the effects of methamphetamine and began displaying volatile
and aggressive behavior. This led Savala’s mother to lock the door after him one More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. LUCAS KYLE DANIELS

Lucas Daniels appeals following his guilty plea to domestic abuse assault,
second offense, an aggravated misdemeanor, in violation of Iowa Code section
708.2A(3)(b) (2015). He claims the sentencing court violated his right to
allocution.
Daniels filed a written guilty plea in which he asked the court to waive the
guilty plea procedures that required the district court ... More...
   $0 (09-16-2016 - IA)

 
 
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