Philip Dean Termaat, Applicant-Appellant v. State of Iowa
867 N.W.2d 853
Iowa Ct. App.2015Background
- In 2002 Philip Termaat pled guilty to amended charges of voluntary manslaughter and attempt to commit murder for the killing of his wife.
- He did not appeal the convictions or sentences at that time.
- Beginning in 2010 Termaat sought relief, filing a motion to correct an illegal sentence and multiple postconviction relief (PCR) applications claiming the convictions violated Iowa Code § 701.9, federal and state double jeopardy protections, and the one-death, one-homicide rule.
- The district court treated some filings as PCR applications, dismissed several as time-barred or precluded, but preserved and later heard Termaat’s claim that his sentences violated the one-death, one-homicide rule.
- The district court relied on State v. Fix and concluded attempt to commit murder is not a “homicide offense” because it is an attempt rather than the act of killing; it denied relief.
- On appeal the Iowa Court of Appeals affirmed, holding attempt to commit murder is not a homicide offense and thus does not trigger the one-death, one-homicide rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions for attempt to commit murder and voluntary manslaughter arising from a single death violate Iowa’s one-death, one-homicide rule | Termaat: Attempt to commit murder is a homicide offense and a lesser-included offense of manslaughter; convicting and sentencing both for one victim punishes more than one homicide for one death | State: Attempt to commit murder is not a homicide offense (it is an attempt to kill, not the killing itself); moreover, preclusion and law-of-the-case arguments bar relitigation | Court: Attempt to commit murder is not a homicide offense under the Wissing/Fix definition; one-death, one-homicide rule does not apply; claim denied |
Key Cases Cited
- State v. Fix, 830 N.W.2d 744 (Iowa Ct. App.) (defined “homicide offense” and held certain death-resulting statutes are homicide offenses)
- State v. Wissing, 528 N.W.2d 561 (Iowa 1995) (articulated one-death, one-homicide rule under Iowa law)
- State v. Gilroy, 199 N.W.2d 63 (Iowa 1972) (applied principle against multiple homicide convictions for a single death)