Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Olis

Court of Appeals of Iowa

October 11, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
JEFFREY ALLEN OLIS, Defendant-Appellant.

         Appeal from the Iowa District Court for Plymouth County, John D. Ackerman, Judge.

         Jeffrey Olis appeals from his convictions for willful injury causing serious injury and assault.

          Michael K. Williams of the Law of Office of Michael Williams, Hinton, for appellant.

          Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., and Tabor and McDonald, JJ.

          DANILSON, CHIEF JUDGE.

         Jeffrey Olis appeals from his convictions following a jury trial for willful injury causing serious injury, a class "C" forcible felony, in violation of Iowa Code section 708.4(1) (2016), and assault, a simple misdemeanor, in violation of section 708.1. Olis asserts the trial court erred in denying his motion for a new trial on the grounds the verdict is contrary to the weight of the evidence and contends defense counsel failed to render effective assistance. We conclude the trial court did not abuse its discretion in denying the motion for new trial, and we preserve the ineffective-assistance-of-counsel claims for possible postconviction-relief proceedings. We affirm the conviction for willful injury causing serious injury, and we dismiss the appeal from the simple misdemeanor assault conviction for failure to seek and obtain discretionary review of that conviction.

         I. Background Facts & Proceedings.

         This matter arose on the night of March 5, 2016, at the home of Randy McKee and Debra Ross. Olis, his ex-girlfriend Tammy Drake, and their minor son were visiting for the weekend. McKee, Ross, Olis, and Drake had been drinking for most of the day. That night a dispute occurred between Olis and McKee in the garage of the home. Each testified to a different version of the events at trial.

         McKee testified Olis was upset by the tone of voice McKee used in speaking with Drake and Olis threw McKee to the garage floor and kicked him. McKee admitted he then obtained a baseball bat, hit a dresser with the bat once, exited the garage, and hit the bat against a tree, splitting the bat in half. McKee testified Olis followed him outside and stated, "I'm going to teach you a lesson for grabbing a bat." McKee stated he then felt a great pain on the back of his head. McKee touched the painful spot and realized he was bleeding. McKee testified he then felt another blow to the right side of his head.

         Olis testified that after he knocked McKee to the garage floor McKee was angry, obtained the baseball bat, and hit the dresser and other items in the garage. Olis stated McKee then began walking toward Olis with the bat in his hand so Olis "dove at his legs and we wrestled and proceeded to-we started in the corner of the garage and we ended up right outside the door." Olis contended that while outside he and McKee continued wrestling, McKee was on top of Olis, and Olis grabbed the baseball bat and swung it, hitting McKee in self-defense. Olis testified McKee was still on top of him so he struck McKee with the baseball bat again to free himself from the tussle.

         Ross testified she came outside when she heard a loud male voice and saw both McKee and Olis standing. Olis was holding an object, and McKee was holding his head. Ross later discovered the object Olis was holding was a piece of the baseball bat.

         Due to his injuries, McKee was flown to the hospital. McKee received staples to treat the injury to the back of his head. McKee testified at trial he is now deaf in his right ear due to being struck by the second blow.

         Deputy Jary Vermeys conducted an interview of Olis at the jail. Deputy Vermeys stated Olis admitted he hit McKee with the baseball bat. Deputy Vermeys testified ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.