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Haines v. State

Court of Appeals of Iowa

February 20, 2019

LEROY DEAN HAINES, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge.

         The applicant appeals the denial of his application for postconviction relief. AFFIRMED.

          Thomas Hurd of Glazebrook, Greenberg & Hurd, LLP, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Bridget A. Chambers, Assistant Attorney General, for appellee State.

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

          POTTERFIELD, PRESIDING JUDGE.

         LeRoy Haines appeals the denial of his second application for postconviction relief (PCR).

         In 1999, Haines was charged with two counts of sexual abuse in the second degree-one count relating to A.H. and one count relating to S.H. At his bench trial, Haines did not dispute any of the State's evidence that the sex acts occurred; rather, he based his defense on a claim of insanity. The district court made the following findings:

On or about April 21, 1999, [the mother of A.H. and S.H.] first learned of improper contact between [Haines] and [the children]. . . . [The mother] asked [A.H.] about that incident and [A.H.] confirmed what [the mother's] father had told [the mother]. [The mother] then confronted [Haines] and he admitted that he had both "french kissed" [A.H.] and had touched [S.H.'s] private parts. [The mother] became enraged, slapped [Haines] and then called the police.
Two police officers responded to her call: Officer Trent Olson and Lieutenant Dennis Memka.
. . . .
[Haines] was using the telephone when Memka and Olson approached him. They told him to put the phone down which he did. During the initial questioning, [Haines] admitted that during the previous month and a half he had sexual contact with [A.H. and S.H.] He admitted that he had kissed both of the girls, kissed their "boobs," rubbed their vaginas and butts and had inserted his fingers into their vaginas. He also told the police officers that the girls had kissed his penis. [Haines] was immediately taken to the Law Enforcement Center in Fort Dodge where a more formal interview was conducted. . . .
. . . .
[Haines] stated during the interview that he had found [A.H., S.H., and a third child] engaged in sexual exploration. Consequently, he did what he did to the girls as punishment and by way of encouraging them not to ...

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