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.

Roby v. State

Court of Appeals of Iowa

June 19, 2019

WILLIAM EARL ROBY, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.

         William Roby appeals the denial of his application for postconviction relief. AFFIRMED.

          Mark C. Smith, State Appellate Defender (until withdrawal), and Bradley M. Bender, Assistant Appellate Defender, for appellant.

          William Earl Roby, Newton, pro se appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee State.

          Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.

          MULLINS, Judge.

         William Roby appeals the denial of his application for postconviction relief (PCR). On appeal, Roby claims his trial counsel provided ineffective assistance in allowing him to plead guilty to kidnapping in the third degree when there was an insufficient factual basis to support the plea. Roby also claims his counsel provided ineffective assistance by failing to file a motion in arrest of judgment to challenge his guilty plea to the kidnapping charge. He contends his guilty plea was not voluntarily and intelligently given due to counsel's ineffective assistance during plea negotiations and during the guilty-plea proceedings.

         I. Background Facts and Proceedings

         In June 2011, the State filed a trial information charging Roby with first-degree kidnapping, following the reported sexual assault of J.M. According to the minutes of evidence, Roby and J.M. were in a relationship that ended in approximately December 2010. In May 2011, they were living in the same apartment building, with Roby's apartment located on the floor below J.M.'s apartment. On the evening of May 15, at approximately 8:00 p.m., J.M. returned to the apartment building. As she walked to her door, she looked down the stairwell to the first-floor apartments and noticed Roby's apartment door ajar. Roby exited his apartment and made eye contact with her. J.M. continued to her apartment door, at which point Roby ran up the stairs, grabbed J.M. from behind, and placed his hand over her face. Roby then dragged J.M. down the stairs and forced J.M. into his apartment while she cried for help. Other residents in the apartment building heard the commotion but did not take any steps to intervene. Roby threw J.M. onto his couch. After entering his apartment, Roby turned on very loud music. Roby then picked up J.M. again, dragged her into a bedroom, and threw her onto the bed. The act of throwing her onto the bed caused the bed frame to break, so Roby moved her to another bedroom. Roby forcefully pulled down J.M.'s pants while she resisted, and Roby pulled down his own pants. He then ordered J.M. to perform oral sex. J.M. refused. Roby threatened to kill J.M.'s pet. On the bedside table, a knife was clearly visible. When J.M. continued to struggle, Roby threatened that "if the police come here, I'm going to kill you and myself before they even get in." Roby forced J.M. to have sex with him three times over the course of the next nine to ten hours. In the morning, Roby refused to let J.M. leave for work and ordered her to call in sick. After she explained that she could not, he allowed her to return to her apartment but only in his presence. At some subsequent point, Roby left J.M.'s apartment. J.M. then called the police and went to the hospital.

         Trial was scheduled for January 2013. On the second day of trial, after jury selection had concluded, Roby pled guilty pursuant to a plea agreement to third-degree kidnapping and third-degree sexual abuse, both class "C" felonies. During the plea proceeding, the court had the following exchange with Roby:

THE COURT: Next we'll take up the factual basis for the charges.
. . . .
THE COURT: Now let me ask you some specific questions. Is it true that on or about May 15th, 2011, in Linn County, Iowa, you confined or removed from one place to another a female identified as [J.M.]?
[ROBY]: Yes.
THE COURT: And did you do so with the specific intent to subject [J.M.] ...

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.