|
ent's Birthday as told PUBLICLY by him is January 8, 1969
http://WWW.pcpages.com/altfriends/bday.html
alt.friends birthday list Names are in no particular order.
13 Kent Wills (Your Webmaster) Jan 8, 1969 compuelf at gmail
http://WWW.iowacourts.state.ia.us
http://WWW.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://WWW.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://WWW.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )
05771 FECR145250 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 FECR176876 STATE VS KENT BRADLEY WILLS WILLS, KENT BRADLEY
01/08/1969 DEFENDANT
05771 STAN201670 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 STAN210929 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 SWCR177169 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 SCSC310505 SWEENEY RENTALS VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC335210 CITI FINANCIAL VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC374163 SFI F SCHERLE PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
05771 SCSC374164 SFI F SCHERLE III PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
http://WWW.doc.state.ia.us/InmateInfo.asp?OffenderCd=3D1155768
Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD =3D Tentative Discharge Date * SDD =3D Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003
http://WWW.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-02=
02.asp?search=3D+Kent+Wills+#_1
IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005
STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.
Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.
Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.
WIGGINS, Justice.
Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills=92 trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.
I. Background Facts and Proceedings.
Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident=92s neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor=92s residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor=92s attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor=92s
driveway.
The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner=92s daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor=92s parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.
The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.
The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.
II. Scope of Review.
Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills=92 ineffective-
assistance-of-counsel claims on direct appeal.
In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when =93there is a reasonable probability that, but
for the counsel=92s unprofessional errors, the result of the proceeding
wou
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On Apr 23, 7:31 pm, Greegor <Greego...@gmail.com> wrote:
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ
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n Wed, 23 Apr 2008 16:31:50 -0700 (PDT), Greegor
<Greegor47@gmail.com> wrote:
Kent's Birthday as told PUBLICLY by him is January 8, 1969
That's one of the dates I've posted. Why, exactly, do you ignore
the other dates, GregWhore?
Why are you stalking and harassing past and current members of
alt.friends?
--
"If you call the police, I'll knock out all of your teeth, I'll
cripple you. I may go to prison for it, but when I get out,
I'll be able to walk,but you will still be a cripple."
--Greg Hanson, in a verbal threat to his girlfriend
http://WWW.pcpages.com/altfriends/bday.html
alt.friends birthday list Names are in no particular order.
13 Kent Wills (Your Webmaster) Jan 8, 1969 compuelf at gmail
http://WWW.iowacourts.state.ia.us
http://WWW.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://WWW.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://WWW.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )
05771 FECR145250 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 FECR176876 STATE VS KENT BRADLEY WILLS WILLS, KENT BRADLEY
01/08/1969 DEFENDANT
05771 STAN201670 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 STAN210929 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 SWCR177169 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 SCSC310505 SWEENEY RENTALS VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC335210 CITI FINANCIAL VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC374163 SFI F SCHERLE PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
05771 SCSC374164 SFI F SCHERLE III PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
http://WWW.doc.state.ia.us/InmateInfo.asp?OffenderCd=1155768
Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD = Tentative Discharge Date * SDD = Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003
http://WWW.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-0202.asp?search=+Kent+Wills+#_1
IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005
STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.
Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.
Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.
WIGGINS, Justice.
Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.
I. Background Facts and Proceedings.
Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the residents neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbors residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbors attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbors
driveway.
The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owners daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minors parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.
The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.
The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.
II. Scope of Review.
Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we
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zzzzzzzzzzzzzzzzzzzzzz..z
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In article <3b1014le4hum1cs3r9khjep0s36ica326u@4ax.com>,
Kent Wills <compuelf@gmail.com> wrote:
On Wed, 23 Apr 2008 16:31:50 -0700 (PDT), Greegor
<Greegor47@gmail.com> wrote:
That's one of the dates I've posted.
You have more than one birthday?
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G > Kent's Birthday as told PUBLICLY by him is January 8, 1969
KW > That's one of the dates I've posted. =A0
tjab > You have more than one birthday?
http://WWW.pcpages.com/altfriends/bday.html
alt.friends birthday list Names are in no particular order.
13 Kent Wills (Your Webmaster) Jan 8, 1969 compuelf at gmail
http://WWW.groups.google.com/group/alt.friends/msg/4c7fed337c94f74f
http://WWW.groups.google.com/group/alt.friends/msg/6a2829d77a083a47
http://WWW.iowacourts.state.ia.us
http://WWW.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://WWW.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://WWW.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )
05771 FECR145250 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 FECR176876 STATE VS KENT BRADLEY WILLS WILLS, KENT BRADLEY
01/08/1969 DEFENDANT
05771 STAN201670 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 STAN210929 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 SWCR177169 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 SCSC310505 SWEENEY RENTALS VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC335210 CITI FINANCIAL VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC374163 SFI F SCHERLE PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
05771 SCSC374164 SFI F SCHERLE III PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
http://WWW.doc.state.ia.us/InmateInfo.asp?OffenderCd=3D1155768
Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD =3D Tentative Discharge Date * SDD =3D Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003
http://WWW.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-02=
02.asp?search=3D+Kent+Wills+#_1
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Gzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
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On Wed, 23 Apr 2008 22:59:27 -0500, Kent Wills <compuelf@gmail.com>
wrote:
On Wed, 23 Apr 2008 16:31:50 -0700 (PDT), Greegor
<Greegor47@gmail.com> wrote:
That's one of the dates I've posted. Why, exactly, do you ignore
the other dates, GregWhore?
GregWhore?
Why are you stalking and harassing past and current members of
alt.friends?
GregWhore?
http://www.stalkingbehavior.com/definiti.htm
Stalking is defined as "the willful, malicious and repeated
following and harassing of another person" (Meloy, 1998).
By that definition, Mr. Probert, I could claim that
you and others are stalking me.
-- GregWhore Hanson
Message-ID: <1150922197.475392.294570@b68g2000cwa.googlegroups.com>
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On Apr 24, 9:02 pm, Kent Wills <compu...@gmail.com> wrote:
zzzzzzzzzzzzzzzzzzzz
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ent's Birthday as told PUBLICLY by him is January 8, 1969
http://WWW.pcpages.com/altfriends/bday.html
alt.friends birthday list Names are in no particular order.
13 Kent Wills (Your Webmaster) Jan 8, 1969 compuelf at gmail
http://WWW.iowacourts.state.ia.us
http://WWW.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://WWW.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://WWW.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )
05771 FECR145250 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 FECR176876 STATE VS KENT BRADLEY WILLS WILLS, KENT BRADLEY
01/08/1969 DEFENDANT
05771 STAN201670 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 STAN210929 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 SWCR177169 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 SCSC310505 SWEENEY RENTALS VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC335210 CITI FINANCIAL VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC374163 SFI F SCHERLE PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
05771 SCSC374164 SFI F SCHERLE III PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
http://WWW.doc.state.ia.us/InmateInfo.asp?OffenderCd=3D1155768
Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD =3D Tentative Discharge Date * SDD =3D Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003
http://WWW.judicial.state.ia.us/Supreme_Court/Recent_Opinions/2005050...
IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005
STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.
Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.
Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.
WIGGINS, Justice.
Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills=92 trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.
I. Background Facts and Proceedings.
Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident=92s neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor=92s residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor=92s attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor=92s
driveway.
The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner=92s daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor=92s parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.
The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.
The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.
II. Scope of Review.
Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills=92 ineffective-
assistance-of-counsel claims on direct appeal.
In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when =93there is a reasonable probability that, but
for the counsel=92s unprofessional errors, the result of the proceeding
would have been different.=94 State v. H
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On May 10, 12:37 pm, Greegor <Greego...@gmail.com> wrote:
zzzzzzzzzzzzzzzzzz
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hat's the matter Dan?
Kent's Birthday as told PUBLICLY by him is January 8, 1969
http://WWW.pcpages.com/altfriends/bday.html
alt.friends birthday list Names are in no particular order.
13 Kent Wills (Your Webmaster) Jan 8, 1969 compuelf at gmail
http://WWW.iowacourts.state.ia.us
http://WWW.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://WWW.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://WWW.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )
05771 FECR145250 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 FECR176876 STATE VS KENT BRADLEY WILLS WILLS, KENT BRADLEY
01/08/1969 DEFENDANT
05771 STAN201670 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 STAN210929 STATE OF IOWA vs WILLS, KENT BRADLEY WILLS, KENT
BRADLEY 01/08/1969 DEFENDANT
05771 SWCR177169 STATE VS KENT B WILLS WILLS, KENT BRADLEY 01/08/1969
DEFENDANT
05771 SCSC310505 SWEENEY RENTALS VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC335210 CITI FINANCIAL VS KENT WILLS WILLS, KENT
DEFENDANT
05771 SCSC374163 SFI F SCHERLE PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
05771 SCSC374164 SFI F SCHERLE III PRESIDENT/RICHARD BURGESS VS KENT
WILLS WILLS, KENT DEFENDANT
http://WWW.doc.state.ia.us/InmateInfo.asp?OffenderCd=3D1155768
Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD =3D Tentative Discharge Date * SDD =3D Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003
http://WWW.judicial.state.ia.us/Supreme_Court/Recent_Opinions/2005050...
IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005
STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.
Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.
Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.
WIGGINS, Justice.
Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills=92 trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.
I. Background Facts and Proceedings.
Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident=92s neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor=92s residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor=92s attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor=92s
driveway.
The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner=92s daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor=92s parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.
The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.
The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.
II. Scope of Review.
Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills=92 ineffective-
assistance-of-counsel claims on direct appeal.
In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when =93there is a reasonable probability that, but
for the counsel=92s unprofessional errors, the result of the proceeding
would have been
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On Sat, 10 May 2008, Greegor <Greegor47@gmail.com> wrote:
So what's worse....burglary, or threatening to cripple your girlfriend?
http://www.aboutkenpangborn.com
The truth about Kenneth Pangborn, who supports convicted child sex
criminals
"If you call the police, I'll knock out all of your teeth, I'll cripple
you. I may go to prison for it, but when I get out, I'll be able to walk,
but you will still be a cripple."
- --Pangborn puppet Greg Hanson of alt.support.child-protective-services **,
in a verbal threat to his girlfriend
"...my aunt wouldnt come over to our house anymore because of how he would
talk to her and come on to her....and he had over 180 pictures of her on
his computer"
- --Ken Pangborn's former stepdaughter Megan, on growing up in the Pangborn
household
** - this conclusion was reached via applying Ken and Greg's logic
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iQA/AwUBSCXfWabdsu4taRc6EQJ/6wCeLrNIQtcx01DHhgkNkH8fE7ac3W8AoPOr
jplQF7nCnf3SePnwEAxMMgrs
=lZxB
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On May 10, 2:59 pm, freedom <aboutKRP...@aboutISkenApangbornFRAUD.com>
wrote:
zzzzzzzzzzzzzzzzzzzzzzzzz
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On Sat, 10 May 2008 09:37:07 -0700 (PDT), Greegor
<Greegor47@gmail.com> wrote:
Kent's Birthday as told PUBLICLY by him is January 8, 1969
http://WWW.pcpages.com/altfriends/bday.html
alt.friends birthday list Names are in no particular order.
13 Kent Wills (Your Webmaster) Jan 8, 1969 compuelf at gmail
[...]
Hey GregWhore, you still holding a sick interest in underage
girls?
--
"If you call the police, I'll knock out all of your teeth, I'll
cripple you. I may go to prison for it, but when I get out,
I'll be able to walk,but you will still be a cripple."
--Greg Hanson, in a verbal threat to his girlfriend
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On May 10, 7:04 pm, Kent Wills <compu...@gmail.com> wrote:
zzzzzzzzzzzzzzzzzzzzz
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On Sat, 10 May 2008 20:59:28 +0200, freedom
<aboutKRPken@aboutISkenApangbornFRAUD.com> wrote:
-----BEGIN PGP SIGNED MESSAGE-----
On Sat, 10 May 2008, Greegor <Greegor47@gmail.com> wrote:
So what's worse....burglary, or threatening to cripple your girlfriend?
And by GregWhore's own standards, he issued the threat.
By anyone's standards he also expressed an unhealthy interest in
one of my underage female students and my daughter.
And he actually thinks his behavior is considered normal and
acceptable.
http://www.aboutkenpangborn.com
The truth about Kenneth Pangborn, who supports convicted child sex
criminals
"My family's case is for Neglect, but we are treated
in virtually every regard as child abusers, marked on
the Child Abuse registry, for example."
-- Gregory Scott Hanson telling Usenet he's a FOUNDED child abuser.
Message-ID: <35120b16.0401111639.6825febd@posting.google.com>
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On May 10, 7:32 pm, Kent Wills <compu...@gmail.com> wrote:
zzzzzzzzzzzzzzzzzzzzzz
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