smcr012660 - case of early man accused of harassment and assault dismissed.pdf

8/9/2019 SMCR012660 - Case of Early man accused of Harassment and Assault Dismissed.pdf

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E-FILED 2014 SEP 29 2:33 PM SAC - CLERK OF DISTRICT COURT


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4/31

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

RANDALL T KROHNDefendant

Case No. 02811 SMCR012660

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:HARASSMENTASSAULTin violation of Section(s) 708.7(4) & 708.2(5) of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on10/06/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable ascontempt of court.

/s/ SHELLEY BASSCLERK OF DISTRICT COURT

SAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).



5/31

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

Plaintiff

VS RANDALL T KROHN

Defendant

02811 SMCR012660

ORDER

The alleged victim in this matter has requested a no contact order. Based on a review of the criminalcomplaints filed herein the court finds that such an order is approptiate. It is therefore ORDERED thatthe defendant SHALL HAVE NO CONTACT with the alleged victim Teresa Griffith in person, throughthird parties or by any electronic or telephonic means under penalty of contempt nor she with him. Inthe event that there is a violation of the order the offending party should expect to receive a 30 day

jail senctence.

A copy of this order shall be personally served on the defendant and a copy mailed to the allegedvictim.

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E-FILED 2014 OCT 02 11:39 AM SAC - CLERK OF DISTRICT COURT


6/31

State of Iowa Courts

Case Number Case TitleSMCR012660 STATE VS RANDALL TIMOTHY KROHNType: OTHER ORDER

So Ordered

Electronically signed on 2014-10-02 11:39:15

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7/31

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

vs.

RANDALL T KROHN , Defendant.

Case No: 02811 SMCR012660

APPEARANCE

Action:Date Filed:

Charge(s):01 - 708.7(4) - HARASSMENT - 3RD DEGREE02 - 708.2(6) - ASSAULT

The Defendant appears and enters a not guilty plea to the above listed charge(s). This chargeis a simple misdemeanor and conviction carries a maximum penalty of $625.00 Fine plus 35%Surcharge and/or a term of confinement in the Sac County Jail not to exceed 30 days, plus CourtCosts.

OR

This matter should be set for Trial. OR

Based upon Defendant's guilty plea, the Court orders Defendant to pay a Fine of $, Surcharge of$ and Court Costs of $, all to be paid within days under penalty of Contempt.

In addition, Defendant shall pay a Law Enforcement Initiative Surcharge of $125.00 pursuant toSection 911.3. (For violations under 124, 155A, 453B, 713, 714, 715A, 716, 719.8, 725.1 and 725.2 &725.3).

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In the event that the Fine, Surcharge, Court Costs are not paid within the prescribed period, thenDefendant shall appear on the day of , at o'clock to show cause why he/she should not be found inContempt of Court for failure to obey this Court Order. Defendant is advised that the sentence for Contempt shall be a Fine of not less than $65.00 and notmore than $650.00 plus 35% Surcharge and Court Costs.

AND/OR By confinement in the Sac County Jail for a period not to exceed 30 days and payment of CourtCosts.

TOTAL DUE: $ TO BE PAID BY . All payments shall be made to: Clerk of Court 100 NW State Street, Suite 12 Sac City, IA 50583

Copies to:

County Attorney

The Court has provided a copy to the DefendantDefendant

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9/31


Case Number Case TitleSMCR012660 STATE VS RANDALL TIMOTHY KROHNType: HEARING FOR INITIAL APPEARANCE

So Ordered


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10/31



11/31

I N T H E I O W A D I S T R I C T

C O U R T

F O R

Sac

C O U N T Y

S T A T E O F I O W A or

Plaintiff/Petitioner,

Defendant/Respondent.

Criminal

CivU

No.

r o

F I N A N C I A L A F F I D A V I T / A P P L I C A T I O N

F O R A P P O I N T M E N T

O F C O U N S E L - *

. sr-

IE:

—i

or>—t

, ° n

: n c

In support of my application f o r appointment of counsel, and under penalty ofperjury, the undersigned

states:

V Name:

R A L ^ / U

L L T , Birth

Date:

A ? - / / ~ ffi^VI

d Cell

Phone:

7^3,

ome

Phone:

E-mail:

Street Address: c H£lQ. „ , /

ist a ll

otlier

money you, or anyone else living in your

household,

has

coming

in:

List what

you own

including money

in

banks, cars, trucks, other vehicles, laud, houses, buildings, cash,

or

anything

else worth more than 100:

I f . « . f ) , „ / j/i J i; , ,

9 sk ̂ fi /h MM>

List

amounts you pay

monthly

f or mortgages, rent, car

loans-

credit cards, child support, or any other debts:

in?Ff> via Mom±chdq&


12/31


STATE OF IOWA,

PLAINTIFF, VS. RANDALL T KROHN ,

DEFENDANT.

02811 SMCR012660

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Robert Peterson, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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13/31


Case Number Case TitleSMCR012660 STATE VS RANDALL TIMOTHY KROHNType: ORDER APPOINTING

So Ordered


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14/31

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff(s), Case No: 02811 SMCR012660

vs Order Setting Trial

RANDALL T KROHN ,

Defendant(s).

01 - 708.7(4) - HARASSMENT - 3RD DEGREE02 - 708.2(6) - ASSAULT

The defendant has entered a plea of not guilty.

Non Jury Trial is scheduled on 02/23/2015 at 11:30 AM at the Sac Co. Courthouse, 100 NW StateSt., Sac City, Iowa. NOTE: The following items of clothing are not appropriate for court proceedings: hats, shorts, shirtswith inappropriate printing or clothing that is overly dirty or ragged.

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E-FILED 2015 FEB 02 1:31 PM SAC - CLERK OF DISTRICT COURT


15/31


Case Number Case TitleSMCR012660 STATE VS RANDALL TIMOTHY KROHNType: ORDER SETTING TRIAL

So Ordered


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16/31

Date: 2/8/2015


State of Iowa

Plaintiff

No. SMCR012660

vs.

RANDALL TIMOTHY KROHN

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE

OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic

equipment

(__X__), television cameras (__X__) or electronic sound recording equipment

(__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial and

sentencing.

3. The request(s) for expanded media coverage are described as follows:

Two video cameras, tripods, videographers; audio accessibility; two

photographers with up to two still cameras and two lenses each, two

tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for

expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________

Date___2/8/2015_____________________

Jesse Helling

Media Coordinator, Region 4

Address: Fort Dodge Messenger

713 Central Ave.

Fort Dodge, IA 50501

Phone: (800)622-6613Fax: (515)574-4529

E-FILED 2015 FEB 09 12:27 AM SAC - CLERK OF DISTRICT COURT


17/31


Upon the Petition of,

STATE OF IOWA,

Plaintiff,

v.

RANDALL T. KROHN,Defendant.

CASE NO. SMCR012660

DEFENDANT’S MOTION TOCONTINUE TRIAL

COMES NOW the above-named Defendant, Randall Krohn, by and through his

attorney, Robert Peterson, and for his Motion to Continue Trial states as follows:

1. The Defendant is current charged with the crimes of harassment 3rd degree in

violation of Iowa Code Section 708.7(4), a Simple Misdemeanor, and Assault in

violation of Iowa Code Section 708.2(6).

2. Trial is scheduled for February 23, 2015, at 11:30 a.m.

3. The undersigned has two pretrials and a probation revocation in Guthrie County at

9:30 a.m. and a sentencing in Audubon County at 1:30 p.m. Due to court and travel

times, it is unlikely that the undersigned can be in Sac at 11:30.

4. The State does not resist a continuance and is reviewing the case for a possible plea

offer.5. Neither party will be prejudiced by a continuance of the above-captioned matter.

WHEREFORE undersigned counsel respectfully requests that the trial in the above

captioned matter be continued to March 9, 2015 (prior to 11:00 a.m.); and for such other and

further relief as the Court deems reasonable in the circumstances.

/s/ Robert Peterson

Robert E. Peterson, AT0009773PO Box 1144Carroll, IA 51401712-792-4485Fax: [email protected]

ATTORNEY FOR DEFENDANT


mailto:[email protected]:[email protected]:[email protected]


18/31

Original filed.

Copy to: _____ County Attorney’s Office

__________________________________________________

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing instrument was

served upon all parties to the above cause to each of theattorneys of record herein at their respective addresses

disclosed on the pleadings on __________

[ ] U.S. Mail [ ] Hand Delivery

[ ] Federal Express [ ] Fax

[ ] Certified Mail [ ] Other: __________________

Signed: _____________________________________

__________________________________________________



19/31


STATE OF IOWA

Plaintiff

VS

RANDALL T KROHN

Defendant

02811 SMCR012660

ORDER

The motion to continue is sustained. The clerk shall reschedule.

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20/31



So Ordered


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21/31


STATE OF IOWA,

Plaintiff(s), Case No: 02811 SMCR012660

vs Order Setting Trial

RANDALL T KROHN ,

Defendant(s).

01 - 708.7(4) - HARASSMENT - 3RD DEGREE02 - 708.2(6) - ASSAULT

The defendant has entered a plea of not guilty.

Non Jury Trial is scheduled on 03/09/2015 at 10:00 AM at the Sac Co. Courthouse, 100 NW StateSt., Sac City, Iowa. NOTE: The following items of clothing are not appropriate for court proceedings: hats, shorts, shirtswith inappropriate printing or clothing that is overly dirty or ragged.

THIS IS A CONTINUANCE FROM THE ORIGINAL TRIAL DATE PER ORDER OF THE COURT. The court has provided a copy of this order to the defendant.

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22/31


Case Number Case TitleSMCR012660 STATE VS RANDALL TIMOTHY KROHNType: ORDER SETTING TRIAL

So Ordered


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23/31

X25DNY IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff vs. RANDALL T KROHN Defendant

No. 02811 SMCR012660

Order Granting Request for ExpandedNews Media Coverage of Trial or Proceeding

A request for expanded news media coverage of a trial or proceeding scheduled to occur at .m. atthe County Courthouse, , Iowa, has been presented. Notice of the request for expanded news media coverage was sent electronically, delivered byordinary mail, or delivered in person to the last known address of all attorneys of record, partieswithout representation, and the district court administrator for this judicial district. The notice of the request for expanded news media coverage was given as follows: At least seven days before the proceeding for which expanded news media coverage wasrequested.

The request is granted as follows:

1. Representatives of the news media may use the following in courtroom coverage of the trial orproceeding (Check each that applies);

Photographic equipment, ;

Television cameras, ;

Electronic sound recording equipment, ;

Other electronic devices, . 2. Expanded news media coverage is permitted for every part of such proceeding as allowed underChapter 25 of the Iowa Court Rules except as follows:

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942)Disability coordinators cannot provide legal advice.

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24/31



So Ordered


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25/31


STATE OF IOWA, Case No SMCR012660

Plaintiff,

v. APPLICATION TO

EXCEED FEE LIMITATION

RANDALL KROHN,

Defendant.

______________________________________________________________________________

COMES NOW, Defendant’s Counsel, Robert Peterson, and applies to exceed the feelimitation under Iowa Administrative Rules 493 Chapters 11 and 12 for the representation of theDefendant, Randall Krohn, in an adult criminal case, and states the following:

1.

Counsel was appointed to represent Randall Krohn on October 15, 2014.2.

Counsel as of today has 8.3 hours invested in the case which at $60/hour totals $498.3.

There is a Fee Limitation of $300 in a Simple Misdemeanor case.4.

Trial is scheduled for March 9, 2015, and extra hours have been required to investigate the caseand prepare for trial.

5.

It is estimated that an additional 5 hours work ($300) will be required to prepare for the trial.

WHEREAS Counsel prays that the Court issue an order to exceed the fee limitation for an additional

amount of $500 for a total authorization of $800 in this case.

Dated this 27 day of February, 2015.

___/s/ Robert Peterson______________Robert E. Peterson AT0009773Robert E. Peterson, Attorney at Law

PO Box 1144

Carroll, IA 51401

712-792-4485

Fax: 712-792-4124

Email: [email protected] ATTORNEY FOR DEFENDANT


mailto:[email protected]:[email protected]:[email protected]


26/31


STATE OF IOWA, Case No SMCR012660

Plaintiff,

v. ORDER RE: APPLICATION TO

EXCEED FEE LIMITATION

RANDALL KROHN,

Defendant.

______________________________________________________________________________

NOW on this date, there coes !efore the Co"rt an #$$lication to %&ceed the 'ee (iitations"nder )o*a #dinistrative R"les +- Cha$ters 11 and 12 for the re$resentation of Randall rohn in an

ad"lt case filed !/ the attorne/ for the Defendant, Ro!ert Peterson .he a$$lication *as filed

____ a3 $rior to the attorne/ e&ceedin4 the fee liitations5 or

__ !3 after the attorne/ e&ceeded the fee liitations, the Co"rt finds that 4ood ca"se e&istse&c"sin4 the attorne/7s fail"re to tiel/ file the a$$lication to e&ceed the fee liitations and that theattorne/ is a"thori8ed to file an "ntiel/ a$$lication to e&ceed fee liitations.

#fter a revie* of the a$$lication, it a$$ears that the antici$ated services are necessar/ in the

reasona!le $rofessional 9"d4ent of co"nsel. he Co"rt finds that the a$$lication sho"ld !e 4ranted.

) )S :%R%'OR% ORD%R%D that Ro!ert Peterson, attorne/ for Defendant, Randall rohn,may exceed the fee limitations established in the Iowa Administrative Code 493 chapters 11 and 12 ormay be compensated in an amount in excess of the $ limitation but said compensation shall not exceed

$!"" # Nothin4 in this order liits the a!ilit/ of the State P"!lic Defender7s Office to revie* and ad9"stan/ attorne/ fee clai s"!itted.

E-FILED 2015 MAR 02 6:22 PM SAC - CLERK OF DISTRICT COURT


27/31


28/31


(Magistrate Division)

STATE OF IOWA,

Painti!!,

v"

RANDA## T" $ROHN,

De!en%ant"

No" SMCR&'&

ORDER *RANTIN* DISMISSA#

(RU#E "++)

Tis -atter .a-e /e!ore te Co0rt on te State1s re20est !or te .o-3aint to

/e %is-isse% 30rs0ant to R0e "++" Te State a33eare% /4 Sa. Co0nt4 Attorne4

5en S-it" Te De!en%ant a33eare% /4 is attorne4 Ro/ert Peterson"

Te Co0rt, 03on revie6ing te re.or% an% /eing a%vise% in te 3re-ises,

FINDS tat te State in!or-e% te Co0rt tat te interests o! 70sti.e 6o0% /est

/e serve% /4 %is-issing te .o-3aint" Te 3arties agree% De!en%ant 6o0% 3a4

.o0rt .osts an% tat te no8.onta.t or%er sa re-ain in 3a.e !or a 3erio% o! one

4ear, rene6a/e 03 to !ive 4ears 03on te aege% vi.ti-1s re20est"

IT IS THEREFORE ORDERED tat te .o-3aint sa /e an% is %is-isse%

6it 9&"&& .o0rt .osts to De!en%ant" Te De!en%ant is HERE5Y NOTIFIED tat

te a-o0nt /e.o-es 3ast %0e i! not 3ai% 6itin tirt4 (+&) %a4s o! tis Or%er"

IT IS FURTHER ORDERED tat an4 /on% entere% erein sa /e

e:onerate%, an% te no8.onta.t or%er sa re-ain in 3a.e one 4ear, rene6a/e

03 to !ive 4ears 03on te aege% vi.ti-1s re20est"



29/31


Type: DISMISSED PER COURT

Case Number Case Title

SMCR012660 STATE VS RANDALL TIMOTHY KROHN

So Ordered

Electronically signed on 2015-03-02 18:22:13 page 2 of 2



30/31


(Magistrate Division)

STATE OF IOWA,

Painti!!,

v"

RANDA## T" $ROHN,

De!en%ant"

No" SMCR&'&

ORDER *RANTIN* DISMISSA#

(RU#E "++)

Tis -atter .a-e /e!ore te Co0rt on te State1s re20est !or te .o-3aint to

/e %is-isse% 30rs0ant to R0e "++" Te State a33eare% /4 Sa. Co0nt4 Attorne4

5en S-it" Te De!en%ant a33eare% /4 is attorne4 Ro/ert Peterson"

Te Co0rt, 03on revie6ing te re.or% an% /eing a%vise% in te 3re-ises,

FINDS tat te State in!or-e% te Co0rt tat te interests o! 70sti.e 6o0% /est

/e serve% /4 %is-issing te .o-3aint" Te 3arties agree% De!en%ant 6o0% 3a4

.o0rt .osts an% tat te no8.onta.t or%er sa re-ain in 3a.e !or a 3erio% o! one

4ear, rene6a/e 03 to !ive 4ears 03on te aege% vi.ti-1s re20est"

IT IS THEREFORE ORDERED tat te .o-3aint sa /e an% is %is-isse%

6it 9&"&& .o0rt .osts to De!en%ant" Te De!en%ant is HERE5Y NOTIFIED tat

te a-o0nt /e.o-es 3ast %0e i! not 3ai% 6itin tirt4 (+&) %a4s o! tis Or%er"

IT IS FURTHER ORDERED tat an4 /on% entere% erein sa /e

e:onerate%, an% te no8.onta.t or%er sa re-ain in 3a.e one 4ear, rene6a/e

03 to !ive 4ears 03on te aege% vi.ti-1s re20est"



31/31


Type: DISMISSED PER COURT

Case Number Case Title

SMCR012660 STATE VS RANDALL TIMOTHY KROHN

So Ordered

Electronically signed on 2015-03-02 18:22:13 page 2 of 2


smcr012660 - case of early man accused of harassment and assault dismissed.pdf

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