958 N.W.2d 211
Iowa Ct. App.2021Background
- On March 6, 2017 Jose Ramirez-Berber was found dead in his Jasper County home; autopsy ruled homicide from blunt-force trauma to the head and face.
- Forensic testing recovered sperm/seminal fluid from Berber that the DCI crime lab matched to a buccal swab from Randy Linderman.
- Surveillance video showed a white Buick matching Linderman’s car near Berber’s home the morning of March 6; Linderman’s cell records placed his phone in the sector covering Berber’s home that day.
- Linderman gave inconsistent and evasive statements to investigators about his relationship with Berber and his presence in the area.
- Linderman was tried for first-degree murder (premeditation, malice aforethought). During voir dire he unsuccessfully sought to strike Juror A for cause, used a peremptory strike, then requested an additional peremptory after being denied a for-cause strike; the court denied the additional strike.
- A jury convicted Linderman of first-degree murder; the district court denied motions for judgment of acquittal and for a new trial (weight of evidence and newly discovered affidavits implicating another person). Linderman appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Linderman) | Held |
|---|---|---|---|
| Whether the court abused its discretion by refusing to strike a prospective juror for cause and by denying an extra peremptory strike | Juror expressed no fixed opinion on guilt, said she could follow instructions; denial of strike for cause was proper and defendant suffered no presumed prejudice | Juror’s lifelong church relationship with Sheriff Halferty and equivocal answers showed inability to be impartial; denial forced Linderman to use a peremptory and he was prejudiced when denied an additional strike | Court affirmed: no abuse of discretion in denying challenge for cause; peremptory used and juror B (proposed alternate target) was later excused, so no reversible prejudice shown |
| Whether evidence was sufficient to support conviction for first-degree murder | DNA match, surveillance, cell records, medical examiner’s testimony of multiple blunt-force blows, and defendant’s evasive statements supplied substantial circumstantial evidence of guilt and of premeditation | Evidence insufficient: injuries could result from an accidental fall; State failed to prove malice, willfulness, deliberation, or that Linderman committed the killing | Court affirmed: viewing evidence in State’s favor, substantial evidence supported first-degree murder; multiple blows supported inference of malice, deliberation, and premeditation |
| Whether the verdict was contrary to the weight of the evidence | The jury’s verdict was supported by credible evidence and the weight does not preponderate against it | Verdict against the weight of evidence; additionally, newly discovered affidavits identify another killer (K.W.) and would likely change the result | Court affirmed denial of new-trial motion: not an extraordinary case; newly proffered affidavits were largely hearsay, available earlier, contradictory, unreliable, and would not probably change the result |
Key Cases Cited
- State v. Jonas, 904 N.W.2d 566 (Iowa 2017) (test for presumed prejudice when court wrongly denies a for-cause strike and defendant requests a specific additional peremptory)
- State v. Neuendorf, 509 N.W.2d 743 (Iowa 1993) (prejudice not presumed where defendant merely wastes a peremptory challenge)
- State v. Mootz, 808 N.W.2d 207 (Iowa 2012) (presume prejudice when court wrongfully prevents use of a peremptory strike on an objectionable juror)
- State v. Reed, 875 N.W.2d 693 (Iowa 2016) (standard for reviewing sufficiency of evidence — view record in light most favorable to the State)
- State v. Huser, 894 N.W.2d 472 (Iowa 2017) (circumstantial evidence is equally probative as direct evidence)
- State v. Harrington, 284 N.W.2d 244 (Iowa 1979) (three nonexclusive methods by which premeditation/deliberation may be inferred)
- State v. Poyner, 306 N.W.2d 716 (Iowa 1981) (multiple wounds or repeated force can supply strong evidence of malice and intent to kill)