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State of Iowa v. Elmer Paul Scheckel
15-1680
| Iowa Ct. App. | Feb 22, 2017
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Background

  • In April 2013 Scheckel sent written communications to Magistrate Steven Ristvedt and Officer Brian Brinkema after a magistrate-court conviction for traffic offenses; the letters threatened to place liens and demanded payment of $87,241.
  • The State charged Scheckel with aggravated-misdemeanor interference with judicial acts (Iowa Code §720.7) and tampering with a witness (Iowa Code §720.4).
  • After initial pro se appearances, Scheckel proceeded pro se at a first jury trial, was convicted, then received a new trial because the court’s earlier Faretta colloquy was inadequate.
  • Standby counsel was appointed; later Scheckel elevated standby counsel Laura Gavigan to full counsel, waived a jury, and stipulated to minutes of evidence.
  • Following the stipulated bench trial, the district court convicted Scheckel; he was sentenced to 8 days in jail and appealed, raising sufficiency of the evidence, a claimed defective waiver of counsel, and pro se jurisdictional/grand-jury/speedy-trial complaints.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency — interference with judicial acts Evidence shows letter to magistrate threatened lien, listed home address, caused alarm and thus met harassment and intent elements Letter was legitimate criticism; magistrates must tolerate upset litigants; no intent to intimidate Affirmed — substantial evidence supported harassment, intent, lack of legitimate purpose, and likelihood to cause alarm
Sufficiency — tampering with witness Letter to officer after testimony threatened retaliation, listed personal address, and intimidated the witness Letter was protected/legitimate speech; comparable to protected complaints in other cases Affirmed — substantial evidence showed harassment, intent to intimidate, and no legitimate purpose
Waiver of counsel / Faretta colloquy Court previously appointed standby counsel and Scheckel later elevated her to lead counsel, so no denial of Sixth Amendment right Initial Faretta colloquy was inadequate; this defective waiver required a new trial Affirmed — no relief because Scheckel was represented by counsel at the trial that produced these convictions; elevation of standby counsel cured any prior Faretta defect
One-year speedy-trial rule State: good cause for delay (unavailable key witness); some delay attributable to defendant (venue motion); no prejudice Scheckel: trial exceeded one-year limit from arraignment Affirmed — court properly found good cause, defendant-attributable delay, and no prejudice

Key Cases Cited

  • State v. Howse, 875 N.W.2d 684 (Iowa 2016) (standard for reviewing sufficiency of evidence)
  • State v. Martin, 608 N.W.2d 445 (Iowa 2000) (Faretta standards and court obligations for waiver of counsel)
  • State v. Evans, 672 N.W.2d 328 (Iowa 2003) (intent may be inferred from consequences of actions)
  • State v. Fratzke, 446 N.W.2d 781 (Iowa 1989) (distinct facts where letter was protected political speech)
  • State v. Baker, 688 N.W.2d 250 (Iowa 2004) (distinguishing protected speech from harassing communications directed at witnesses/jurors)
  • United States v. Swinney, 970 F.2d 494 (8th Cir. 1992) (defendant may elevate standby counsel to lead counsel, waiving Faretta rights)
Read the full case

Case Details

Case Name: State of Iowa v. Elmer Paul Scheckel
Court Name: Court of Appeals of Iowa
Date Published: Feb 22, 2017
Docket Number: 15-1680
Court Abbreviation: Iowa Ct. App.