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