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State v. Doe

Court of Appeals of Iowa

June 6, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
JOHN DOE, Defendant-Appellant.

          Appeal from the Iowa District Court for Winnebago County, Karen Kaufman Salic, District Associate Judge.

         The defendant appeals the district court's denial of his second application to expunge the record of a criminal case. REVERSED AND REMANDED.

          Shaun A. Thompson of Newman Thompson & Gray P.C., Forest City, for appellant.

          Thomas J. Miller, Attorney General, and Katie M. Krickbaum, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.

          POTTERFIELD, JUDGE.

         John Doe appeals the district court's denial of his second application to expunge the record of a criminal case. Doe maintains the court should have granted his second application because a recent decision by our supreme court, State v. Doe, 903 N.W.2d 347, 351 (Iowa 2017), establishes that the district court's denial of his first application was in error. The State responds that even if Doe was properly entitled to relief in his first application, claim preclusion prevents him from obtaining relief by filing a second application.

         I. Background Facts and Proceedings.

         On March 1, 2015, Doe was charged with operating while intoxicated (OWI), second offense, in case number OWCR****** On the same day, under a different case number, Doe was charged with domestic abuse assault (case number SMCR******).

         On March 10, the State filed a motion to dismiss the OWI charge, stating "there is insufficient evidence to prove that defendant was operating a motor vehicle and/or that he was under the influence of alcohol and/or controlled substances while operating a motor vehicle." That same day, the district court dismissed the charge.

         In April, the State asked the court to amend the charge of domestic abuse assault to a charge of simple assault. In support of the motion, the State said:

[T]he victim in this matter is currently living with Defendant and would like to see this case resolved without going to trial. Further, the evidence in this case would support a finding that Defendant hit a cell phone out of the victim's hand, and a requirement for Defendant to complete the Batterers' Education Program for this incident is unnecessary.

         Doe entered a guilty plea to the amended charge and was sentenced to a term of incarceration of fourteen hours.

         Over a year later, in August 2016, Doe filed a petition to have the record of the OWI charge in case OWCR****** expunged. The district court denied the petition without a hearing, ruling, "A dismissal or acquittal did not enter for every criminal charge in the criminal case and therefore expungement is not ...


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