Trial Practicum Previous Cases
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2008

State of Iowa v. Antonio Sheley

Sheley was charged with robbing $850 from the Holiday Inn Downtown in September 2007. Immediately prior to trial Sheley stipulated that he committed the robbery, but denied he had a gun. The prosecution used the hotel videotape, the hotel registration clerk’s testimony and the police detective's cross examination for the jury to arrive at their verdict.  The jury found Sheley guilty of first degree robbery, a forcible felony with a mandatory 25-year sentence. The defendant must serve a minimum of seventy percent of this sentence (17.5 years) before he can be considered for parole. The State had made a plea offer whereby he would plead to second degree robbery (10 years) and a habitual offender enhancement, resulting in a 15-year sentence with a mandatory minimum of 70% (10.5 years).


State of Iowa v. Scott Anderson

Scott Anderson was charged with the unauthorized use of a credit card in the amount of $704 during the period of December 23-26, 2006. The credit card was stolen from a mailbox in the same apartment complex in which Anderson’s mother resided and to which he had access. The card was activated by someone who called on the telephone line in Anderson’s name in his mother’s apartment.   After proceedings, the jury reached a quick guilty verdict. The maximum sentence authorized by law for an aggravated misdemeanor is two years. Drake Law Professor Robert Rigg suggested that because Anderson had no prior criminal record, he believed it likely Anderson might receive probation rather than a prison term. Following the verdict, the students had an opportunity to debrief the jurors, a session that is always enlightening. The jurors advised that they did not believe the alibi witnesses and also observed there was sufficient evidence to convict Anderson even without his statement to the postal inspector that he had indeed used the stolen card to make purchases.


2007

State of Iowa v. Bobby

Joe Stouffer Stouffer was originally charged in May 2006 with involuntary manslaughter, an aggravated misdemeanor. In October 2006, the charges against Stouffer were amended to second-degree murder. Police found Shane Batty dead at his home in Mitchellville. Batty, Stouffer, and other friends partied at the Batty house during the afternoon and evening. An autopsy determined Batty died as a result of a single gunshot wound to the abdomen. The police interviewed Stouffer on several occasions, and videotapes of those interviews were put into evidence. The interviews occurred before Stouffer had counsel. The videotapes showed inconsistent statements—Stouffer initially denied shooting Batty but later admitted shooting him with an antique pistol, but claimed the gun fired accidentally. Three federal prisoners who had been in jail with Stouffer testified that he had bragged about killing Batty. In a trial presided over by Judge Joel Novak, the jury convicted Stouffer of second degree murder.


2006

Gillotti v. MLC Inc.

This was a civil suit against the husband and wife owners of Loco Joe’s pool hall arcade near South Ridge Mall. District Judge Scott Rosenberg presided. The plaintiffs Matt Gillotti and Kyle Tapps alleged they were beaten up at the entertainment hall and bar and that owners of the business are liable for permanent injuries sustained in the attack because, in part, the business should have had better security on the night of a Chicago Cubs baseball playoff game. The jury found Loco Joe’s negligent in failing to provide a safe premises, but rejected the Dram Shop claim, finding the defendant did not sell or serve beer to the assailants knowing they were intoxicated. The jury awarded $24,531 in past medical expenses, $500 in pain and suffering, $500 in past loss of function, and $4,500 in lost earnings, for a total judgment of $30,031.


2005

Morgan v. Hairy Mary’s

The plaintiff’s arm and wrist were badly broken during a heavy metal concert at a popular bar near the Drake campus. The bar contended the plaintiff was drunk, lost his balance, and broke his arm in a fall to the floor while slam dancing in the mosh pit. Plaintiff contended that he was caught by surprise in the mosh pit, and that his injuries were due to the negligence of the bar in failing to warn patrons of the start of the show and to keep the moshing safe and under control. District Judge Richard Blane presided. The jury found comparative fault with both sides equally responsible and awarded damages of $24,000, which were cut in half due to plaintiff’s fault.


2004

Reed v. Carter

Defendant rear-ended plaintiff in an automobile accident on Army Post Road. There was so little visible damage done, and no apparent personal injuries, that the police were not called. Thereafter, the plaintiff claimed to experience whiplash and head pain that at times was excruciating. The plaintiff has gone to the University of Missouri hospitals once every three months for an elaborate and painful treatment for her pain. The Defendant’s position was similar to the All State television “swoop and squat” commercials about fraudulent claims. Defendant challenged Plaintiff’s claim of whiplash, contending it was fabricated. Judge Michael Huppert admitted evidence that years earlier in a different auto accident case this Plaintiff, after obtaining a settlement, did not need to be treated again for medical injuries. The jury entered a verdict for the Defendant.


2003

Ladjahasan v. Iowa State University

Ladjahasan was employed as a field technician by Iowa State University. He started having health problems, missing so many days of work that other employees donated their sick time to cover for him. Ladjahasan wanted to return to work, but only with limitations on lifting and climbing ladders. He claimed that Iowa State pressured him into applying for permanent disability status and then fired him when his application for disability was denied. Ladjahasan sued Iowa State for violation of the federal Rehabilitation Act based on discrimination for a perceived disability. The jury gave a verdict in favor of Iowa State.

This case, the first federal case to appear in the trial practicum, was tried by Judge William Jay Riley of the U.S. Circuit Court of Appeals for the 8th Circuit. In a letter sent to Drake Law School following the trial, he offered this comment: "Your accomplishment in developing this trial curriculum for first year students is exceptional. I commend Drake Law School for this remarkable program."


2002

State of Iowa v. Brandon Sayles

Brandon Sayles was charged with felony child endangerment after his two-month-old baby was blinded from shaken-baby syndrome. There were no eyewitnesses, however, and the evidence against Sayles was all circumstantial. Defense attorneys attempted to show that other adults had access to the child. District Judge Rob Blink presided. The jurors convicted Sayles. Many students were surprised by the verdict. Discussion centered on the credibility of witnesses and why the jurors found the defense arguments unpersuasive.


2001

State of Iowa v. Clarence Willis

The defendant was charged with armed robbery. The robbery occurred at the Greyhound Bus Station in downtown Des Moines. The case centered on the reliability of cross-racial eyewitness testimony and conflicting evidence. District Judge Robert Wilson presided. Judge Wilson sustained a Batson challenge which alleged the prosecution had impermissibly exercised a peremptory challenge to strike a prospective black juror from the jury panel. A 12-person jury acquitted Willis. The juror debriefing enabled the students to understand how the jurors reached consensus after an initial 9 - 3 vote for acquittal.


2000

Ken Downing v. City of West Des Moines

This was a Section 1983 civil case involving claims of constitutional tort and defamation. The case involved Fourth Amendment search and seizure issues, raising troubling issues as to the sweeping scope of the search of the plaintiff's home and business premises and the haphazard accounting done as to items seized. District Judge Robert Blink presided. An eight-person jury awarded Downing $10,000 in damages. Prior to Judge Blink's post-judgment ruling on court-awarded attorneys' fees, the case was settled for $40,000.


1999

State of Iowa v. John Molloy

This was a murder trial. The prosecution alleged that after a night of partying with drugs and alcohol, the defendant and two others killed the neighborhood drug dealer. Then-District (now Iowa Court of Appeals) Judge Larry Eisenhauer presided. A 12-person jury convicted Molloy of first degree murder. The Iowa Court of Appeals affirmed the conviction.


1998

State of Iowa v. Stephen Blumberg

This case involved a burglary charge. Blumberg was charged with breaking and entering an old apartment complex and stealing its antique ornamentation. Chief Judge Gamble presided. A 12-person jury convicted. The Iowa Court of Appeals subsequently affirmed the conviction.

 
Last Modified: 10/15/2014 10:43:00 AM by Christine Miller