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Iowa Failure to Warn Law
 
Paul Gerlich; Erin Furleigh v. Steven Leath; Warren Madden; Thomas Hill; Leesha Zimmerman

Iowa State University (ISU) grants student organizations permission to use its
trademarks if certain conditions are met. The ISU student chapter of the National
Organization for the Reform of Marijuana Laws (NORML ISU) had several of its
trademark licensing requests denied because its designs included a cannabis leaf. Two
members of the student group subsequently filed this 42 U.S.... More...
   $0 (06-13-2017 - IA)

STATE OF IOWA vs. JEFFREY LEE SCHRADER

Iowa Court of Appeals

Jeffrey Schrader appeals from the sentence imposed after his plea of
guilty to driving while barred, as a habitual offender, in violation of Iowa Code
sections 321.560 and 321.561 (2016).
On July 27, 2016, Schrader entered a written guilty plea, which was made
pursuant to a plea agreement. The plea memorandum provides, in part:
The Court has the discretion to accept or... More...
   $0 (06-17-2017 - IA)

STATE OF IOWA vs. TROY D. LAUGHLIN

Iowa Court of Appeals

Troy Laughlin entered guilty pleas to two counts of assault causing bodily
injury; he was sentenced and now appeals. Laughlin claims trial counsel was
ineffective for allowing him to enter guilty pleas when the pleas were not
voluntary, knowing, or intelligent. More specifically, he claims he suffers from
mental illness and was not given his prescribed medications while he wa... More...
   $0 (06-17-2017 - IA)

STATE OF IOWA vs. RYAN DAVID TROSTEL

Broomfield man charged with attempted murder, attempted assault for firing shotgun at neighbor's car

On January 26, 2016, the State charged Trostel with operating while
intoxicated, in violation of Iowa Code section 321J.2 (2015). Initially, Trostel
requested court-appointed counsel, but he was not eligible. Trostel then
requested and received a continuance, granting him more time to obtain
representation. On March 9, Trostel appeared without counsel, signed a written
... More...
   $0 (06-17-2017 - IA)

VICTOR RIVERA vs. STATE OF IOWA

Rivera sentenced for November 2014 motorcycle accident

Victor Rivera, while driving under the influence of alcohol, caused a traffic
accident that killed a motorcyclist and seriously injured the motorcyclist’s
passenger. Rivera fled the scene in his vehicle and led officers on a short chase
before he was apprehended. Rivera pleaded guilty to unintentionally causing the
death of another by operating a motor vehicle while intoxicat... More...
   $0 (06-17-2017 - IA)

STATE OF IOWA vs. ROYLEE RICHARDSON JR

Man Charged in Davenport Shooting

Roylee Richardson Jr. appeals from his convictions for intimidation with a
dangerous weapon, possession of a firearm by a felon, willful injury resulting in
bodily injury, and going armed with intent. Richardson maintains there was
insufficient evidence to support his conviction for intimidation with a dangerous
weapon. Additionally, he claims trial counsel was ineffective fo... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. PATRICIA PRANSCHKE

COURT OF APPEALS OF IOWA

Viewing the trial evidence in the light most favorable to the jury’s guilty
verdicts, State v. Romer, 832 N.W.2d 169, 172-73 (Iowa 2013), the jury could
have found the following facts. Terri Andersen is Patricia Pranschke’s adult
daughter. In April 2015, a warrant was issued for Andersen’s arrest. The
warrant related to a traffic violation issued to Andersen for driving on a... More...
   $0 (06-16-2017 - IA)

RYAN NICHOLAS TROWBRIDGE vs. STATE OF IOWA

Former Fairfield man finds more trouble in prison

Ryan Trowbridge appeals from the denial of his application for
postconviction relief (PCR). He claims trial counsel was constitutionally
ineffective in failing to “accurately and properly advise [him] in waiving his
constitutional right to confrontation as to Dr. [Carole] Jenny and allowing her to
testify in rebuttal by telephone.”
Generally, our review of PCR proceedi... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. RONALD DEAN SCHLICHTING

COURT OF APPEALS OF IOWA

On June 3, 2015, Trooper Jared Rude was on duty when he stopped to
fill up his patrol car with gas at the Traer Short Stop in Traer, Iowa. As he walked
into the store to pay for the gas, the store clerk came out to inform Rude that an
intoxicated customer was leaving in a truck. The officer asked the clerk to
identify the suspect, and she pointed to a red Chevy Colorado truc... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. EDWARD A. CAMPBELL

COURT OF APPEALS OF IOWA

Edward Campbell came to the apartment of acquaintance Durrell Parks,
who was watching a movie with his uncle, Atrice Chaptman. Campbell opened
the door, entered without Parks’ permission, and hit Parks. Chaptman heard the
commotion and “football-tackled” and “body-slammed” Campbell, who he had
known for several years. Chaptman eventually released Campbell, and
Campbell ... More...
   $0 (06-16-2017 - IA)

STATE OF IOWA vs. MITCHELL SCOTT GAHAGAN

On November 23, 2013, Davenport police responded to a 911 call made
by Gahagan’s girlfriend alleging a domestic disturbance at Gahagan’s residence.
Based on comments made by the girlfriend to the officers after they arrived on
the scene, the officers obtained a search warrant to search for drugs in
Gahagan’s home and vehicle. During the search, officers located two plastic More...
   $0 (06-15-2017 - IA)

CHRISTOPHER ROBIN SCHMIDT vs. STATE OF IOWA

Robert Nelson murder *Christopher Schmidt convicted, sentenced to LWOP*

Schmidt and the victim, Robert Nelson, were acquaintances. On
Thursday, December 28, 2006, Nelson’s neighbors heard noises around 10:00
p.m. On December 31, an apartment manager opened Nelson’s apartment and
found his dead body. Police learned that Schmidt was an acquaintance of
Nelson, questioned Schmidt and his girlfriend, and learned that Schmidt had
been renting a c... More...
   $0 (06-15-2017 - IA)

ANTONIO DANTZLER vs. STATE OF IOWA

Waterloo flood robbery conviction upheld by Appeals Court

The following facts were set out in Dantzler’s direct appeal:
On the afternoon of June 11, 2008, a Prime Mart convenience store and Dollar General store in Waterloo were robbed. Witnesses to the robberies reported the incidents by calling 911. Patrol officer, Brad Walter, testified that he responded to a call from dispatch reporting that suspects of the robbery fled in a dark colored SUV. ... More...
   $0 (06-15-2017 - IA)

MATTHEW J. ELLIOTT vs. STATE OF IOWA

Iowa Court of Appeals

Matthew Elliott was convicted of willful injury causing serious injury and
child endangerment resulting in death. On appeal, his convictions were vacated,
and the matter was remanded for a new trial. See State v. Elliott, 806 N.W.2d
660, 675 (Iowa 2011) (concluding the admission of hearsay evidence resulted in
prejudicial error to Elliott and remanding for a new trial). On r... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. MICHAEL SCOTT SHECKLES

Iowa Court of Appeals

Several witnesses saw a man beating a woman inside a vehicle and saw
the woman exit the vehicle with a bloodied face. One witness identified the
assailant as Sheckles and also identified him as the person who drove off in the
vehicle, but her trial testimony was impeached with her inconsistent prior
statement that she could not recall the assailant’s identity.
After the... More...
   $0 (06-15-2017 - IA)

STATE OF IOWA vs. LUCAS TYLER IDDINGS

Iowa Court of Appeals

Lucas Iddings appeals following the revocation of the deferred judgment
he was granted after entering a guilty plea to possession of contraband while
confined, a class “D” felony, in violation of Iowa Code sections 719.7(1),
719.7(3)(c), and 719.7(4) (2014).1 He asserts his plea was not voluntarily and
intelligently entered because the court failed to inform him of the applica... More...
   $0 (06-14-2017 - IA)

ALAN DUANE BEARD vs. STATE OF IOWA

Alan Duane Beard - Sex Offender in Boone, IA 50036

On November 19, 2013, Beard pled guilty to eluding and operating a
motor vehicle while intoxicated (OWI). On the eluding charge, Beard was
sentenced to an indeterminate term not to exceed five years and a fine and
surcharge. The court suspended the sentence of incarceration, the fine, and the
surcharge and placed Beard on probation for two to five years. On the OWI
char... More...
   $0 (06-14-2017 - IA)

ALF FREDDY CLARK vs. STATE OF IOWA

Police: Material witness in 2015 homicide back in Des Moines

Following a May 2000 jury trial, Clark was convicted of attempt to commit
murder and terrorism with intent (now known as intimidation with a dangerous
weapon), and was sentenced to a twenty-five-year and a ten-year term of
imprisonment, to run concurrently. As part of the August 4, 2000 order imposing
imprisonment and fine, Clark was ordered to “reimburse the State for attorne... More...
   $0 (06-14-2017 - IA)

STATE OF IOWA vs. MARTHA ARACELY MARTINEZ

SUPREME COURT OF IOWA

Martha Martinez came to Muscatine with her parents in 1997 when she was eleven years old. She attended Muscatine public schools and worked for several different employers in Muscatine County. When she was seventeen years old, Martinez applied for and obtained an Iowa driver’s license. She used a birth certificate in the name of Diana Castaneda, a person with a social security number, to obtain ... More...   $0 (06-14-2017 - IA)

STATE OF IOWA vs. JESUS ANGEL RAMIREZ

On May 15, 2014, a package shipped from Mexico and destined for Waterloo arrived in this country at the FedEx hub in Memphis, Tennessee. It was addressed to Jessy Robles, 1013 Mulberry Street,
Waterloo, and contained a phone number for contact purposes with a 319 area code. United States Customs and Border Protection (CBP) officers opened and inspected the parcel on arrival in Memphis. They... More...
   $0 (05-29-2017 - IA)

STATE OF IOWA vs. EDDIE LAMONT VIRGIL

Iowa Supreme Court

The jury could find the following facts from the evidence at trial. The defendant, Eddie Virgil, and the victim, N.J., age twenty-three, began a romantic relationship in late 2013 that included sexual intimacy. N.J. was an unemployed mother living in a house in Waterloo with her four children, none fathered by Virgil. Virgil assaulted N.J. in May 2014. N.J. broke off her relationship with Virg... More...   $0 (05-29-2017 - IA)

STATE OF IOWA vs. SAYVON ANDRE PROPPS

Iowa Court of Appeals

On February 27, 2011, Derek Carr was standing outside his home when Troy Lee Mure Jr. drove up in a vehicle in which Sayvon Propps was a passenger. Propps exited the vehicle, fired four shots into Carr, and got back in the vehicle. Mure immediately drove away from the scene. Carr was hit in his back, buttocks, and leg. He was transported to the hospital where he remained hospitalized for three... More...   $0 (05-28-2017 - IA)

STATE OF IOWA vs. DEANTAY DARELLE WILLIAMS

Fourth man arrested in Waterloo June sexual assault

This case comes before us on further review. The court of appeals, on discretionary review of the district court’s denial of the defendant’s motion to dismiss, reversed the district court and dismissed the charges against Deantay Williams, Taevon Washington, and Cordarrel Smith. On this further review, we focus solely on whether the defendants’ rights were violated by the failure to bring formal... More...   $0 (05-28-2017 - IA)

STATE OF IOWA vs. SEAN NEAL DELACY

Sex Offender

Delacy was charged with a total of twenty-three counts arising from his
actions with his cousin’s six-year-old child. The trial information was amended
multiple times, but ultimately, Delacy faced four counts of sexual abuse in the
second degree, in violation of Iowa Code section 709.3(1)(b) and (2), class “B”
felonies each carrying a twenty-five-year sentence, see Iowa Code §... More...
   $0 (05-11-2017 - IA)

STATE OF IOWA vs. MARQUIS TAYLOR

Marquis Taylor appeals the judgment and sentence following his guilty
plea to harassment in the second degree. Taylor asks us to vacate his
conviction because the plea-taking court did not tell him about the mandatory
surcharge on his fine. For the reasons described below, Taylor may pursue this
issue only by alleging his plea counsel was ineffective in failing to file a moti... More...
   $0 (05-11-2017 - IA)

CURTIS JOHNSON-JEFFERS III vs. STATE OF IOWA

Curtis Johnson-Jeffers III appeals the district court’s denial of his
application for postconviction relief (PCR). In his PCR application, Curtis
claimed, in relevant part, his guilty plea to the charge of stalking was not
knowing, intelligent, and voluntary and his trial counsel was ineffective for
allowing him to plead guilty to the stalking charge without a factual basis. ... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. AARON LANCE SAMS

Aaron Sams appeals from his conviction for operating while intoxicated,
second offense. Sams maintains he received ineffective assistance from trial
counsel. Specifically, he maintains counsel was ineffective for failing to make a
motion for judgment of acquittal specifically challenging the sufficiency of the
evidence to support the jury’s finding that Sams was under the inf... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. VERNARD ARCHER

On December 7, 2014, E.W. was sleeping on a living room couch in her
boyfriend’s Iowa City apartment when she awoke at an early morning hour to find
a strange man in the room. The room was dim, lit by two or three miniature
Christmas trees, Christmas lighting strung up along the ceiling of the apartment,
a light on the stove, and lights from outdoors. Although E.W. was not we... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. KIERRA BENTLEY

On January 27, 2015, Bentley drove to West High School in Waterloo to
pick up her brother. She found him and his cousin fighting with a group who
were not students. A group of more than twenty people had gathered with some
involved in the fight, some attempting to stop the fight, and some watching. An
off-duty Waterloo police officer, Kyle Jurgensen, drove by West High Schoo... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. JERRY LEON THOMPSON

On July 9, 2015, the State charged Thompson with one count of child
endangerment resulting in bodily injury. The charge stemmed from an incident in
which Thompson used a belt to strike his thirteen–year-old daughter multiple
times. At trial, the victim testified she and her older sister were staying at
Thompson’s house for a regularly-scheduled weekend visitation on May 16, <... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. THIERNO YAYA DIALLO

COURT OF APPEALS OF IOWA

It is undisputed Diallo did not file a motion in arrest of judgment
challenging his guilty plea in the district court. See Iowa R. Crim. P. 2.24(3)(a)
(“A defendant’s failure to challenge the adequacy of a guilty plea proceeding by
motion in arrest of judgment shall preclude the defendant’s right to assert such
challenge on appeal.”); State v. Meron, 675 N.W.2d 537, 540 (Iowa ... More...
   $0 (05-10-2017 - IA)

STATE OF IOWA vs. DALE KUZMICKI

COURT OF APPEALS OF IOWA

Dale Kuzmicki was arrested and charged with (I) gathering where
controlled substances are used, in violation of Iowa Code section 124.407
(2015), (II) possession of methamphetamine (third offense), in violation of section
124.401(5), and (III) possession of marijuana (third offense), in violation of
section 124.401(5). Kuzmicki waived his right to trial by jury, and the case <... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. RAYMOND B. HENDERSON

COURT OF APPEALS OF IOWA

Henderson’s convictions in this matter arose from a number of
transactions whereby Henderson sold heroin to individuals conducting controlled
buys on behalf of the Davenport Police Department. On January 31, February 7,
and February 8, 2015, Henderson sold heroin to a confidential source (CS), Ryan
Moss, in the amounts of .6 grams, .6 grams, and .1 grams, respectively.
... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. SHAWN KALE NICKERSON

COURT OF APPEALS OF IOWA

On July 22, 2015, the State charged Nickerson with two counts of
possession of a firearm by a felon, a class “D” felony, in violation of Iowa Code
section 724.26(1) (2015), and one count of possession of a controlled substance
(methamphetamine), third offense, a class “D” felony, in violation of section
124.401(5). At a pretrial conference on October 6, the parties reached a p... More...
   $0 (05-09-2017 - IA)

TAMARA STELLMACH and JOHN STELLMACH vs. STATE OF IOWA d/b/a UNIVERSITY OF IOWA HOSPITALS AND CLINICS

University of Iowa Hospitals and Clinics

On February 22, 2008, Tamara underwent procedures for a voluntary
research project at the University of Iowa Hospitals and Clinics (UIHC) Center for
Digestive Diseases. The project included a biofeedback study employing
transcranial magnetic stimulation (TMS). The consent form for the study
described TMS as follows: “Magnetic stimulation uses very short single pulses of
... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. JASON SHIMAR KEYS

On December 4, 2014, a confidential informant, Jonathan Hjelle, notified
Frank Hodak, Sheriff’s Deputy and North Central Iowa Drug Task Force
investigator, that he could purchase one gram of methamphetamine from Jason
Keys later that day. Hodak then assembled other members of the task force to
conduct a controlled buy.
In preparation for the buy, Hodak met Hjelle at a ... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. GLENN LEE MCGHEE

Appeal denied in 1972 tavern shooting

Glenn McGhee appeals from the sentences imposed by the district court
at his 2015 resentencing. In 1972, when he was a minor, McGhee took part in a
robbery of a bar that ultimately resulted in the death of a bartender and two
patrons; two others were also injured. After a jury trial, McGhee was convicted of
three counts of murder in the first degree, three counts of robbery, ... More...
   $0 (05-09-2017 - IA)

STATE OF IOWA vs. DAVID WINSLOW DUNHAM

Dunham was charged by trial information with possession of
methamphetamine with intent to deliver in violation of Iowa Code section
124.401(1)(b)(7). The trial information indicated Dunham was a second or
subsequent offender and habitual offender pursuant to Iowa Code sections
124.411 and 902.8, respectively. Pursuant to the second or subsequent offender
and habitual off... More...
   $0 (05-07-2017 - IA)

STATE OF IOWA vs. BRIAN KERRY DEARDEN

Alleged meth dealer indicted, arrestedm

A Polk County jury found Brian Dearden guilty of possession of marijuana,
a serious misdemeanor, in violation of Iowa Code section 124.401(5) (2015);
conspiracy to deliver marijuana, a Class D felony, in violation of section
124.401(1)(d); and failure to possess a tax stamp, a Class D felony, in violation
of section 453B.12. The maximum sentence for counts II and III is a term... More...
   $0 (05-07-2017 - IA)

STATE OF IOWA vs. VERNON LEE HUSER

Altoona police make arrest in 4½-year-old slaying

A. Conviction of Woolheater. The partially decomposed body of Morningstar was discovered in February 2005 in a forested area in Altoona near Woolheater’s home. Police immediately began investigating Woolheater and subsequently charged him with first-degree murder. Woolheater was convicted after a jury trial. The conviction was upheld by the court of appeals. State v. Woolheater, No. 10–0478,... More...   $0 (05-07-2017 - IA)

 
 
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