Odebolt Man Not Guilty of Simple Assault

7/27/2019 Odebolt Man Not Guilty of Simple Assault

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E-FILED 2013 MAY 30 9:22 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

JOSEPH HARRY DEWEYDefendant

Case No. 02811 SMCR012314

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:SIMPLE ASSAULTin violation of Section(s) 708.2(6) of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on06/07/2013 at 9:30 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 as

contempt 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).



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Case ID : 02811 SMCR012314 - STATE VS JOSEPH HARRY DEWEYEvent Cd : SUMM

JOSEPH HARRY DEWEY filed



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Case ID : 02811 SMCR012314 - STATE VS JOSEPH HARRY DEWEYEvent Cd : SUMM

JOSEPH HARRY DEWEY filed

E-FILED 2013 JUN 05 10:18 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTYMagistrate Division

THE STATE OF IOWA, )PLAINTIFF ) NO: SMCR012314

)VS. )) APPEARANCE

JOSEPH H. DEWEY, )DEFENDANT )

________________________________________________

COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 662-4715 and hereby enters his appearance on behalf of the defendant, pleads not guilty andwaives speedy trial herein.

Respectfully Submitted,/S/ Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C421 Main St. PO Box 392Sac City, IA 50583(712) 662-4715

Original filedCopy to: County Attorney



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)VS. )) APPEARANCE


________________________________________________







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)VS. )) APPEARANCE


________________________________________________







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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff(s), 02811 SMCR012314

vs Order Setting Trial

JOSEPH HARRY DEWEY ,

Defendant(s).

01 - 708.2(6) - ASSAULT (SMMS)

The defendant has entered a plea of not guilty.

Non Jury Trial is scheduled on 09/16/2013 at 10:30 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. The defendant's bond remains as set.

The court has provided a copy of this order to the defendant.

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E-FILED 2013 AUG 23 3:13 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleSMCR012314 STATE VS JOSEPH HARRY DEWEY

Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-08-23 15:13:14

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E-FILED 2013 AUG 23 3:13 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2013 SEP 06 3:35 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

Plaintiff

VS

JOSEPH HARRY DEWEY

Defendant

02811 SMCR012314

ORDER

This matter came before the court for trial on this 16th day of September, 2013. The state appearedby county attorney Ben Smith and defendant appeared in person and with his attorney CharlesSchulte. Testifying on behalf of the state were Rebecca Peters and Tim Peters. Defendant testifiedon his own behalf. At the conclusion of the evidence the court took the matter under advisement andinvited counsel to submit any case law that they want the court to review by no later than September

23, 2013.

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State of Iowa Courts

Case Number Case TitleSMCR012314 STATE VS JOSEPH HARRY DEWEY

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-09-16 12:05:16

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

Plaintiff

VS

JOSEPH HARRY DEWEY

Defendant

02811 SMCR012314

ORDER

This matter came before the court for trial on the 16th day of September, 2013. Based on the recordthe court finds the defendant not guilty of the charge. In making its ruling the court finds that thiswas a very close case in that the victim took great offense to the defendant's touching but thecourt finds that there is insufficient evidence that the defendant intended to cause the victim theoffensiveness and humiliation that she described. Having just come from the cemetery from visiting

her recently deceased husband's and her son's graves she was in a particularly vulnerable mentalstate that would not have been obvious to the defendant. The court cautions the defendant about notperforming any similar touching in the future.

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E-FILED 2013 SEP 23 10:23 AM SAC - CLERK OF DISTRICT COURT


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Odebolt Man Not Guilty of Simple Assault

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