State v. Robinson, 85-630
| Decision Date | 18 June 1986 |
| Docket Number | No. 85-630,85-630 |
| Citation | 389 N.W.2d 401 |
| Parties | STATE of Iowa, Appellee, v. Terry Lee ROBINSON, Appellant. |
| Court | Iowa Supreme Court |
Alfredo G. Parrish and Elizabeth S. Kruidenier, Des Moines, for appellant.
Thomas J. Miller, Atty. Gen., Elizabeth E. Ciebell, Asst. Atty. Gen., and Annette Scieszinski, Co. Atty., for appellee.
Considered en banc.
There are fourteen assignments of error in this appeal following defendant's conviction on two counts of attempt to commit murder. Iowa Code § 707.11 (1983). It is unnecessary to consider them all because the case must be reversed and remanded and most questions are not likely to recur on retrial.
The State presented ample evidence to support the verdict. It showed that, on the evening of August 13, 1984, schoolteacher Carole Kuehl was cleaning corn at her rural home near Albia. At about 9 p.m. she went outside to get more corn. She noticed someone petting one of the family dogs. She recognized the person to be defendant Terry Robinson, a seventeen-year-old boyfriend of her daughter. When Mrs. Kuehl's three-year-old son, Colin, came out of the house defendant grabbed him and began stabbing him. Mrs. Kuehl was then apparently stabbed and beaten, although she remembered very little about what happened after her son was attacked. While hospitalized for the severe injuries she received in the incident she identified Terry Robinson as her attacker. Colin was also severely injured in the attack. Neighbors testified they saw a dark colored car coming from the direction of the Kuehl home traveling at high speed and in an erratic manner that evening. The Robinsons also owned a dark colored car.
Defense witnesses however testified they drove by the Kuehl's at about 9 p.m. and 9:15-9:20 p.m. and noticed nothing unusual. A friend of defendant testified that he and defendant, along with some other friends, went to football practice earlier that evening and then drove around drinking beer. He stated he dropped defendant off at his car at the high school parking lot.
Defendant's mother testified that her son came home at 9:34 p.m. She noticed a scratch on his back which defendant claimed he received in a fight with Eric Cremeens. At trial Cremeens denied he had fought with defendant.
I. Because of extensive pretrial publicity defendant moved for a change of venue. He alleged "the atmosphere in Albia and in Monroe County is so thoroughly charged with prejudice" because of extensive publicity "that it will be impossible for [defendant] to get a fair trial in Monroe County." Although affidavits were identical and were general in their terms they came close to establishing that the county, a sparsely populated rural one in south central Iowa, had been saturated with news accounts of the crime strongly suggesting defendant's involvement.
The trial court denied this motion but pledged an open mind on the subject in the event of future disclosures. The court expressed its belief
that the public's memory is notoriously short in matters of this nature. What "everyone knew" in August will have been long forgotten by March. However, during voir dire the court will be especially mindful of the concerns expressed by defendant, and should it then develop that a fair trial cannot be held in Monroe County, the court will re-examine its view.
The trial court did not during voir dire seem impressed with those future developments, but we certainly are. There was a barrage of unmistakable warning signals that few people had an open mind on the questions of defendant's guilt. Nearly everyone on the jury panel had heard or read about the case and many were acquainted with the prosecution witnesses. Some had even visited with them prior to trial. All panel members except one knew something about the case and ten of the first sixteen questioned had already formed an opinion. Notwithstanding the pledge to re-examine its views during voir dire the trial court summarily overruled defendant's renewed motion for change of venue.
The matter was revisited in defendant's motion for new trial. The trial court then expressed an entirely new and inconsistent view. It stated:
I live in this community, and I do not live in a vacuum. I was concerned about the extent of pretrial knowledge within the community and the ability to be able to select a fair and impartial jury. I fully expected a renewed motion for change of venue to be made by defendant shortly before trial. I went so far as to consult with the court administrator to determine the availability of other courtrooms in other counties. I was given my choice of two possible...
To continue reading
Request your trial
-
State v. Hoyman
...Instead, we simply exercise our authority to order the case to be heard by a different judge on remand. See, e.g., State v. Robinson, 389 N.W.2d 401, 404 (Iowa 1986) (directing that the trial on remand be before a different trial judge even though the record did not disclose the trial judge......
-
State v. Nebinger
...of the jury or that the publicity attending the case was so pervasive and inflammatory that prejudice must be presumed. State v. Robinson, 389 N.W.2d 401, 403 (Iowa 1986); State v. Spargo, 364 N.W.2d 203, 207 (Iowa 1985). Nebinger attempts to characterize his case as one in which prejudice ......
-
State v. Wagner
...and inflammatory that prejudice must be presumed.' " State v. Wilson, 406 N.W.2d 442, 445 (Iowa 1987) (quoting State v. Robinson, 389 N.W.2d 401, 403 (Iowa 1986)); State v. Gavin, 360 N.W.2d 817, 819 (Iowa 1985). Wagner made no attempt to show the jury in his trial actually was prejudiced a......
-
State v. Siemer
...demonstrates an abuse of discretion. State v. Harris, 436 N.W.2d 364, 367 (Iowa 1989); Walters, 426 N.W.2d at 138; State v. Robinson, 389 N.W.2d 401, 403 (Iowa 1986). A defendant relying on jury prejudice as a ground for reversal must show (1) publicity attending the trial that is so pervas......