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. Riddle

Court of Appeals of Iowa

October 10, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
RICKY LEON RIDDLE, Defendant-Appellant.

          Appeal from the Iowa District Court for Lee (South) County, Michael J. Schilling, Judge.

         The defendant appeals from his conviction of intimidation with a dangerous weapon with intent.

          Mark C. Smith, State Appellate Defender, and Melinda J. Nye, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Zachary C. Miller, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., and Bower and McDonald, JJ.

          POTTERFIELD, PRESIDING JUDGE.

         Ricky Riddle appeals from his conviction after a jury verdict of intimidation with a dangerous weapon with intent, a class "C" felony. He contends the district court abused its discretion when it allowed into evidence a recording of a jailhouse phone call of Riddle calling the State's main witness. Additionally, Riddle claims he was denied effective assistance because his trial counsel did not object to the prosecutor's inflammatory statements, which amounted to prosecutorial error, during closing arguments.

         I. Background Facts and Proceedings.

         In June 2017, Riddle was charged by trial information with intimidation with a dangerous weapon with intent, in violation of Iowa Code section 708.6 (2017). It was alleged Riddle had, "with the intent to injure or provoke fear in another, sho[]t or discharge[d] a dangerous weapon at or into a vehicle occupied by another person."

         A jury trial took place in August. At it, the complaining witness, who was the on-again, off-again girlfriend of Riddle for the previous twenty years, testified that in the early morning hours of Wednesday, May 17, she was driving her father's car around town because she was bored. As she got near a specific intersection, she noticed Riddle standing under a streetlight, wearing a shirt she had bought him. She testified at that point in their relationship, they "were fighting. [They] had been fighting a lot." Because he looked angry when she saw him, she wanted to leave without talking to him. She testified he started coming toward her vehicle, so she put it in reverse and began to drive away. At about the same time, Riddle "pulled the gun out and started shooting towards the car." Then, while still driving away from Riddle, she heard a hissing noise. As she continued to drive away, the witness called the police and reported the incident; during the call, she identified Riddle as the shooter.

         During the drive, the witness realized that the front, driver-side tire had gone flat. An officer responded at 2:58 a.m. The police later inspected the tire: they found a hole in it and, once they had removed it from the rim, pieces of shrapnel loose inside the tire. Officers also later located a shell casing in the general area the shooting had occurred according to the description of the complaining witness.

         The witness testified she resumed her relationship with Riddle after the incident and continued to have contact with him while he was in jail for the offense. Without objection, the following exchange occurred during direct examination of the complaining witness:

Q. Do you remember a telephone call that occurred where he discussed that he was going to have a jury trial in this case?
A. Yes.
Q. Did he encourage you to duck and dodge to avoid the authorities?
A. I think he had said something about it, yeah. I had told him that I was going to try to keep low-I don't-
Q. Do you remember telling him you had your running shoes on and they were laced up?
A. Yeah.
Q. What did you mean by that?
A. We were talking about ducking and dodging.
Q. The cops?
A. For the subpoena, ...

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.