A criminal defendant who successfully overturns his conviction based on ineffective assistance of counsel may bring a legal malpractice action against his former attorney. Can he then use that successful action to stop his former attorney from claiming he did not breach any duties in the subsequent malpractice action? That question turns on application of the doctrine of issue preclusion, whi... More...    $0 (02-26-2021 - IA)

Cedar Rapids, Iowa pro se plaintiff sued defendant seeking a write of habeas corpus.


On December 1, 2011, following a jury trial, the Iowa District Court for Webster County (“the district courtâ€�) found Long guilty of third-degree sexual abuse in violation of Iowa Code §§ 709.1(3) and 709.4(2)(b). A bifurcated bench hearing was held on the same day to determine whether an enhanc... More...    $0 (06-07-2022 - IA)

In 2005, Kelly was charged with sexual abuse in the third degree. At the
jury trial in his opening statement, Kelly’s trial counsel set forth the defense’s trial
strategy, stating: “We’re not saying there wasn’t sex. We’re not here today to deny
that [Kelly] had sex with [N.B.]. The question is whether it was consensual sex . .
. .” N.B. testified that she was incapable of ... More...    $0 (08-04-2018 - IA)

A jury convicted Brian Allison of three counts of sexual abuse in the third degree in 2011. He appealed his conviction. In his direct appeal, Allison argued the district court erred in not granting him a new trial based upon the weight of the evidence under Iowa Rule of Criminal Procedure 2.24(2)(b)(6). Among other things, Allison noted the victim, his stepdaughter, initially denied the abuse, ... More...    $0 (07-03-2018 - IA)

Santos Rosales-Martinez was convicted of second degree sexual abuse, in
violation of Iowa Code § 709.3(1)(b). He sought a writ of habeas corpus under 28
U.S.C. § 2254 arguing that the trial court violated his right to confrontation. The
district court denied relief. He appeals. Having 1 jurisdiction under 28 U.S.C. § 1291,
this court affirms.
Rosales-Martinez was charged with s... More...    $0 (06-22-2018 - IA)

Pendleton was found guilty of first-degree robbery and first-degree murder
in 1984. Pendleton appealed his convictions, which were affirmed. See State v.
Pendleton, No. 84-1319, (Iowa Ct. App. Nov. 26, 1985). The details of the
factual event leading up to the convictions are set out in the appellate opinion.
See id. Suffice it to say that “Pendleton and an accomplice were ... More...    $0 (01-25-2017 - IA)

There was an armed robbery at an Arby’s restaurant in Des Moines on
January 18, 2006. Rankins was identified as the driver of the getaway car by two
witnesses. One of those witnesses was Rick Knutson. The getaway car was
stopped by police, but the other occupant of the car was able to get out and
escape on foot. A loaded revolver found in the car was later identified as the... More...    $0 (12-21-2016 - IA)

On the evening of July 8, 2000, Duncan entered a stranger’s apartment, located in
St. Cloud, through an unlocked door. Duncan proceeded to the bedroom, where he found
a woman asleep in bed with her young child. Duncan woke up the woman, threatened her
with a knife, and dragged her into the next room, where he raped her.
Duncan was charged with first-degree criminal sexual... More...    $0 (11-18-2016 - IA)

Briefly, the salient facts are that Boruch and the victim were employees of
a traveling carnival. They shared a semitrailer for storage, and their sleeping
quarters—called “possum” or “pot” bellies—were on opposite sides of the same
trailer. On an evening after working at the Dallas County fairgrounds, they ended
up at a bar, drinking several alcoholic beverages and playing p... More...    $0 (09-15-2016 - IA)

In 1999 Dotson committed the crime of first-degree robbery in Johnson
County, Iowa. He then went to Wisconsin and committed other crimes. Dotson
was taken into custody in Wisconsin on June 25, 1999. On June 28, 1999, a
warrant for his arrest was issued in Johnson County, and Iowa officials contacted
Wisconsin officials requesting a hold be placed on Dotson. The arrest warra... More...    $0 (06-19-2016 - IA)

In May 2011, Billie Jo Chapman pled guilty to second-degree burglary and
willful injury causing serious injury while in the possession of a dangerous
weapon. He was sentenced to two, ten-year terms to be served concurrently
with a five-year mandatory minimum, consistent with the plea agreement.
Chapman filed a direct appeal, and his conviction was summarily affirmed by this <... More...    $0 (06-18-2016 - IA)

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)

Richard Siemer appeals from the summary dismissal of his second
application for postconviction relief (PCR) in which he asserts his plea counsel
was ineffective. We affirm the district court’s dismissal finding no merit in
Siemer’s claims.
In this appeal, Siemer contends his prior PCR application addressed a
different conviction, which he can challenge here because prior... More...    $0 (05-13-2016 - IA)

A defendant appealed his conviction following a jury trial on three counts of delivery of a controlled substance in violation of Iowa Code section 124.401(1)(c)(3) (2013). We transferred the case to the court of appeals. The court of appeals reversed the conviction on the ground the defendant’s constitutional right to a fair trial by an impartial jury was violated when he was convicted by jurors w... More...    $0 (04-09-2016 - IA)

On June 15, 2013, Frederick Rottmiller was a maintenance man at a Cedar Rapids apartment building. Rottmiller, a septuagenarian, was called to an apartment occupied by Theodore Gathercole and his ex-wife to inspect a water leak. While there, Rottmiller loaned Gathercole twenty dollars. Hours later, after midnight, Gathercole knocked on Rottmiller’s apartment door and asked for more money, claim... More...    $0 (03-25-2016 - IA)

After a jury trial in 1985, Jeffries was convicted of first-degree sexual
abuse and sentenced to life without parole. This court affirmed his conviction.
See State v. Jeffries, 417 N.W.2d 237, 240 (Iowa Ct. App. 1987). Procedendo
issued on January 11, 1988. Jeffries then filed a petition for writ of habeas
corpus in federal court, which was subsequently dismissed, and the d... More...    $0 (03-23-2016 - IA)

Shawn Wayne Whatley appeals the dismissal of his 42 U.S.C. § 1983 prison-conditions suit. His claims relate to a beating by prison staff, for which he was denied medical treatment. Although he submitted several prison grievances before suing, the District Court dismissed his suit for failure to exhaust the administrative remedies established by the prison. We reverse for two reasons: because the D... More...    $0 (09-21-2015 - IA)

Recent decisions of this court have explored the constitutionality of
criminal sentences for juvenile offenders. See generally State v. Lyle, 854
N.W.2d 378 (Iowa 2014); State v. Ragland, 836 N.W.2d 107 (Iowa 2013);
State v. Pearson, 836 N.W.2d 88 (Iowa 2013); State v. Null, 836 N.W.2d
41 (Iowa 2013). Today we consider the nature and extent of a court’s
discretion in resenten... More...    $0 (06-26-2015 - IA)

A juvenile offender convicted of first-degree murder appeals his
resentencing to life in prison without the possibility of parole. In this
appeal, we determine the factors a court must use when it sentences a
juvenile offender for first-degree murder. Because the district court did
not have the benefit of this decision when it sentenced the juvenile, we
vacate the sentence and ... More...    $0 (06-26-2015 - IA)

Janelle Zoch, age 47, and Darwin Zoch, age 45, both of Storm Lake, Iowa, and Brandon Hinesly, age 35, of Truesdale, Iowa, have pled guilty in U.S. District Court in Sioux City, Iowa, to one count of conspiracy to obstruct justice. Janelle Zoch and Brandon Hinesly pled guilty on February 28, 2014. Darwin Zoch pled guilty on March 3, 2014. Mark Hill, age 48, of Storm Lake, Iowa, also pled guilty ... More...    $0 (03-04-2014 - IA)

We must decide whether a postconviction relief application is time-barred.


I. Background Proceedings

In 2004, a Black Hawk County jury found Dewayne Campbell guilty of firstdegree robbery. This court affirmed his conviction. State v. Campbell, No. 04- 1809, 2005 WL 3298971, at *4-6 (Iowa Ct. App. Dec. 7, 2005). Procedendo issued in January 2006.

Campbell filed a postconvic... More...    $0 (02-05-2014 - IA)

S.Q. has a history of mental illness and has been hospitalized pursuant to an order for involuntary inpatient treatment on more than one occasion, most recently on April 30, 2001. At some point, S.Q.‟s commitment was apparently transferred to outpatient treatment, and S.Q. was ordered to see her doctor on an annual basis. The record on appeal indicates S.Q. was compliant with treatment and took ... More...    $0 (08-10-2011 - IA)

Jeremy Jason Mann was charged with abducting a seven-year-old girl, sexually abusing her, throwing her into a river, and leaving her to drown. He was convicted at a bench trial of first-degree kidnaping and attempted murder, and received consecutive sentences requiring him to be imprisoned for life plus 25 years. After conviction and sentencing, he learned that the judge who had tried his case... More...    $0 (04-09-2001 - IA)