Iowa Injurious Falsehood Law
 

State of Iowa v. Justin Andre Baker

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On August 30, 2015, Investigator Michael Girsch with the Waterloo Police
Department2... More...
   $0 (10-21-2018 - IA)

STATE OF IOWA vs. ETHEN EDDIE RICHARD AYERS

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Upon the evidence presented at trial, a reasonable jury could make the
following factual findings. On December 8, 2016, Correctional Officer Derek Dill
was working in the housing unit in the state penitentiary in which Ayers resides.
As a result of a previous lockdown on this date, inmates were restricted from taking
showers for a period of time. Sometime after the lockdown ... More...
   $0 (09-14-2018 - IA)

State of Iowa v. Prince Nyomah

Prince Nyomah entered Alford pleas1 to second-degree robbery and assault
while participating in a felony, among other things. He now appeals those two
convictions, arguing the convictions should have merged under the merger
doctrine, codified in Iowa Code section 701.9 (2017). That section provides:
No person shall be convicted of a public offense which is necessarily includ... More...
   $0 (07-19-2018 - IA)

United States of America v. Gervais (Ken) Ngombwa

Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

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The Rwandan Genocide is one of the darkest chapters in human history. Over
the span of 100 days, an estimated 800,000 people died. At least a million more were
displaced. During and shortly after the tragedy, the United States admitted a limited
number of refugees from Rwanda with priority given to those who were in the most
danger. Among those admitted were Gervais (“Ken”) Ngombwa... More...
   $0 (06-22-2018 - IA)

STATE OF IOWA vs. NORMAN WADSWORTH

Norman Wadsworth suffered from schizophrenia for decades and received
no treatment. He had a contentious relationship with the manager at his apartment
complex, Darlene Crook, who he believed was part of a government conspiracy to
kill him. Eventually, Wadsworth was evicted from his apartment. After being
homeless for several months, Wadsworth tried to take a bus to a motel.... More...
   $0 (05-18-2018 - IA)

MARTIN SHANE MOON vs. STATE OF IOWA

In August 1990, Kevin Dickson was shot and killed. Nine years
later, the State charged Martin Moon and Casey Brodsack with first
degree murder. Brodsack pled guilty to second-degree murder in
exchange for testifying truthfully at Moon’s trial. 1See Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 1196–97 (1963) (“[T]he suppression by the ... More...
   $0 (04-30-2018 - IA)

STATE OF IOWA vs. JOHN CHARLES MCPHERSON II,

John McPherson was charged by trial information with assault on a police
officer causing bodily injury, in violation of Iowa Code section 708.3A (2016),1
following a scuffle with Special Agent Todd Monney of the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) that occurred in a Sergeant Bluff Police
Department interview room. A jury found McPherson guilty of the les... More...
   $0 (04-01-2018 - IA)

STATE OF IOWA vs. STEVEN W. CHANEY

COURT OF APPEALS OF IOWA

A concerned citizen called 911 after seeing a man, later identified as Steven
Chaney, driving a vehicle “all over the road.” A Bettendorf patrol officer arrived at
the scene and pulled the keys from the ignition. Chaney got out of the vehicle and
“came at him.” Chaney also kicked a police sergeant.
The State charged Chaney with driving while barred as a habitual offende... More...
   $0 (04-01-2018 - IA)

STATE OF IOWA vs. DAVID MIKEL ROBBINS

On April 7, 2014, Marshalltown Police obtained a search warrant and a
S.W.A.T. team executed the warrant on a residence occupied by Robbins. Officers
found approximately one-half pound of methamphetamine, approximately two
pounds of marijuana, drug paraphernalia, and cash. An officer spoke with Robbins
following the search and asked him who occupied the northwest bedroom wher... More...
   $0 (03-24-2018 - 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. 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. ERIC CORTEZ SALLIS

A jury found Eric Sallis guilty of domestic abuse assault with intent to cause
serious injury, in violation of Iowa Code section 708.2A(2)(c) (2016), and domestic
abuse assault causing bodily injury, in violation of section 708.2A(2)(b). The
district court sentenced Sallis to two years’ incarceration. Sallis appeals his
convictions, contending the district court committed evi... 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. MARCEL ROSE

Iowa Court of Appeals

Marcel Rose and Amanda Guzzle resided together and were involved in a
romantic relationship. Rose and Guzzle knew a mutual acquaintance, Sarah
Medina. On July 6, 2015, Rose and Guzzle were alone at Medina’s residence in
the living room when they began to argue. The argument then turned physical,
and according to Guzzle’s testimony, she ended up on the couch with Rose on
... More...
   $0 (06-15-2017 - 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. ZACHARY SCOTT VULICH

Sex Offender

On November 12, 2013, the complaining witness, who was sixteen years
old at the time, went to Vulich’s house with her older sister. After they arrived,
the complaining witness played games on her phone while her older sister talked
with Vulich. A short time later, the three were in the basement, and Vulich made
sexually-suggestive comments to the complaining witness, includin... More...
   $0 (01-26-2017 - IA)

STATE OF IOWA vs. RICKY L. OVERSTREET

On May 19, 2013, Heather Davis, a child protection worker from the Iowa
Department of Human Services (DHS), went to the home of Gloria Overstreet
and her son, Ricky Overstreet, to investigate an anonymous call received about
Ricky’s daughter, T.O., in which the source reported T.O. was being physically
abused by Ricky and Gloria and was receiving inadequate food and clothing. ... More...
   $0 (12-23-2016 - 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. 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. JESHUA DAVID DIVIS

For entertainment on Black Friday morning, Cassandra Stever and her
mother decided to gamble at Ameristar Casino in Council Bluffs. After some
initial success on the slot machines, Stever’s luck soured, and she moved to a
different bank of machines away from the spot where her mother was playing.
At her new location, a man later identified as Divis sat down next to
S... More...
   $0 (09-16-2016 - IA)

STATE OF IOWA vs. CASEY FREDERIKSEN

A Floyd County jury convicted Casey Frederiksen of murder in the first
degree and sexual abuse in the first degree for offenses committed against the
five-year-old daughter of his live-in girlfriend. Frederiksen now challenges his
convictions on three grounds. First, he disputes the sufficiency of the State’s
proof that he was the perpetrator. Second, he contends the distric... More...
   $0 (08-11-2016 - IA)

STATE OF IOWA vs. SCOTT ANTHONY SUDBECK

On February 26, 2014, Scott Sudbeck shot and killed his ex-girlfriend,
Michaela Jordan. He was tried and convicted of murder in the first degree in
violation of Iowa Code sections 707.1 and 707.2 (2013). On appeal, he
challenges the sufficiency of the evidence. He relatedly contends the district
court erred in denying his motion for new trial on the basis the conviction was ... More...
   $0 (05-26-2016 - 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. MARK EUGENE ROBINSON

The jury could have found the following facts from the State’s evidence
presented at trial. On the evening of January 1, 2014, Mark Robinson drove
away in a Ford Taurus that the owner had left idling in the Forest Mart parking lot
on University Avenue in Des Moines. About half an hour later, Robinson entered
the Kum & Go on Hickman Road and asked the clerk working behind the ... More...
   $0 (03-19-2016 - IA)

STATE OF IOWA vs. MARK EUGENE ROBINSON

The jury could have found the following facts from the State’s evidence
presented at trial. On the evening of January 1, 2014, Mark Robinson drove
away in a Ford Taurus that the owner had left idling in the Forest Mart parking lot
on University Avenue in Des Moines. About half an hour later, Robinson entered
the Kum & Go on Hickman Road and asked the clerk working behind the ... More...
   $0 (03-11-2016 - IA)

JESSE EDWARD BROWN vs. STATE OF IOWA

In January 2007, Jesse Brown was charged with first-degree kidnapping
and second-degree sexual abuse after he forced his estranged wife Michelle1
and others into Michelle’s vehicle and ordered her, at knife point, to drive around.
They eventually ended up at a motel, where Jesse had sexual intercourse with
Michelle. Trial in the matter was held in July 2007, and Jesse was ult... More...
   $0 (02-06-2016 - IA)

STATE OF IOWA vs. PAUL KENNETH HOWARD

Paul Howard was admitted to the emergency room of a Davenport
hospital for treatment of stab wounds he sustained after being accosted by three
men outside a bar. Howard did not cooperate with hospital personnel, including
nurse Caryn Clinton. The State eventually charged him with crimes arising from
his behaviors at the hospital. A jury found him guilty of assaulting a healt... More...
   $0 (01-10-2016 - IA)

KEELIN MARIE SHANNON vs. SCOTT ALAN BAUMGARTNER,

Scott and Keelin have a daughter in common; S.B. born in 2006. That
same year, Keelin suffered a head injury when she fell from the hood of Scott’s
moving car. Keelin and Scott offered the district court very different versions of
that incident, but they agreed Scott was not charged with any crime relating to
Keelin’s injury.
By 2014, the parties had a visitation schedul... More...
   $0 (08-19-2015 - IA)

Tamco Pork II v. Heatland Co-Op and PRo Build, LLC

Tamco Pork II, LLC, and Farm Bureau Mutual Insurance Company, as
subrogee, (collectively, hereinafter “Tamco”) pursue this appeal following an
adverse jury verdict in their action for negligence against Heartland Co-op and
Pro Build LLC. Tamco’s claim against the defendants arises out of a fire
occurring at Tamco’s newly renovated hog-production facility. On appeal, Tamco More...
   $0 (07-22-2015 - IA)

Columbia Casualty Co. v. Curtis W. McGhee

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to... More...    $0 (04-30-2013 - IA)

American Family Mutual Ins. Co v. Richard Hollander

American Family Mutual Insurance Company ("American Family") appeals the district court's1 order denying its motion for judgment as a matter of law or, in the alternative, for a new trial and awarding Richard N. Hollander $261,781.53 in attorney's fees pursuant to section 91A.8 of the Iowa Wage Payment Collection Law ("IWPCL"). We affirm.

I

American Family is a mutual insurance c... More...
   $0 (02-01-2013 - IA)

Jeannie Schlichte v. William Schlichte

On the day her father died, Jeannie Schlichte finally felt free. Six months after his death she sued his estate, alleging he sexually abused her across three decades and asking for one million dollars in damages. The estate moved for summary judgment, arguing the suit was barred by the statute of limitations. The district court granted summary judgment, finding Jeannie knew of the abuse and was aw... More...    $0 (01-24-2013 - IA)

Gail Bierman v. Scott Weier

This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the author’s words, the book is “based on my life.” It discusses Scott’s personal transformation, largely through his relationship with God, following his divorce “on bad terms” from his first wife. Scott’s ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering ... More...    $0 (01-18-2013 - IA)

Kayla Nemmers v. Ford Motor Company

Plaintiff Kayla Nemmers filed a products liability action against Defendant Ford Motor Company, alleging that a lap-only seatbelt installed in the front-center seat of a 2002 Ford F-250 pickup failed to restrain her torso during an accident. After trial, the jury returned a verdict in favor of Ford. Nemmers appeals, arguing the district court committed reversible error 1 in its evidentiary rulings... More...    $0 (07-11-2012 - IA)

Ted Joseph White v. The Iowa District Court for Clinton County

Ted White challenges the district court’s finding he was in contempt of a domestic abuse protective order. He claims he cannot be held in contempt because the protective order was void. If not void, he claims the protective order had expired by operation of law and thus, was ambiguous. White also contends the district court erred in finding his conduct was willful and abused its discretion in im... More...    $0 (05-23-2012 - IA)

Edward J. Hanssen v. Genesis Health System

Edward and Connie Hanssen contend the district court was wrong in finding they waited too long to file their medical malpractice lawsuit against Genesis Health Systems (Genesis or the hospital). The Hanssens ask us to reverse the grant of summary judgment, urging that a genuine issue of material fact exists regarding both the date they knew about Edward’s injury and its cause, as well as whether... More...    $0 (12-21-2011 - IA)

Glen D. Jahn v. Hyundai Motor Company and Hyundai Motor America, Inc. d/b/a Hyundai Motor America

The United States District Court for the Southern District of Iowa certified two questions to this court arising out of a products liability action. The two certified questions are:

1. Will the Iowa Supreme Court adopt sections 16 and 17 of the Restatement (Third) of Torts: Products Liability governing liability for enhanced injury, specifically, including rules of joint and several liabi... More...
   $0 (10-09-2009 - IA)

Joseph Gacke and Linda Gacke v. Poxk Xtra, L.L.C.

The plaintiffs, Joseph Gacke and Linda Gacke, sued the defendant, Pork Xtra, L.L.C., claiming hog confinement facilities operated by Pork Xtra constituted a nuisance. At issue in this appeal is the constitutionality of Iowa Code section 657.11(2) (1999), which gives nuisance immunity to animal feeding operations. The district court ruled the statute effected an unconstitutional taking of priv... More...    $0 (07-06-2004 - IA)

Daniel Martins and Colleen Martins v. Interstate Power Company

The district court entered judgment on a jury verdict in favor of Daniel Martins and Coleen Martins against Interstate Power Company (Interstate). We transferred the case to the court of appeals and that court affirmed. We granted Interstate's application for further review. On further review, we consider one issue: Whether the district court erred in submitting a "pure nuisance" claim without an ... More...    $700000 (10-14-2002 - IA)

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