State of Iowa v. Scott Robert Robinson
2015 Iowa Sup. LEXIS 12
| Iowa | 2015Background
- In Oct. 2011 police found Scott Robinson and the victim (B.S.) half-naked after screams from Robinson’s apartment; Robinson was charged with first‑degree kidnapping (sexually motivated) and sexual abuse. He was jailed pretrial.
- At the jail attorney‑client visits occurred behind Plexiglas with no document pass‑through; some cameras were in hallways. Robinson moved for "barrier‑free" access; the district court granted barrier‑free access only on a showing of specific need (e.g., reviewing documents or recordings).
- At trial the jury convicted Robinson of first‑degree kidnapping (instruction asked whether confinement exceeded that inherent in sexual abuse). The court of appeals affirmed.
- The Iowa Supreme Court granted further review limited to (1) sufficiency of the evidence for kidnapping and (2) whether Robinson was entitled to barrier‑free contact with counsel.
- The Supreme Court reversed the kidnapping conviction, holding the evidence (locking doors, throwing the phone, brief movement and covering the mouth) was insufficient under Iowa’s "incidental"/Rich framework. It vacated related convictions/instructions dependent on the confinement element and remanded; it also addressed the barrier‑free access issue for guidance on retrial.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Robinson) | Held |
|---|---|---|---|
| Sufficiency of evidence for kidnapping (confinement beyond sexual abuse) | Evidence that Robinson locked doors, seized phone, moved and restrained victim, and covered her mouth sufficed for confinement exceeding incidental movement; jury instruction allowed conviction. | The brief hallway‑to‑bedroom movement, temporary mouth covering, phone toss and doors locked (others locked out) did not substantially increase risk of harm, significantly lessen detection, or significantly facilitate escape. | Reversed: under Rich tripartite test the totality of these facts was insufficient as a matter of law to sustain a first‑degree kidnapping conviction. |
| Proper jury instruction on confinement/intensifiers | (Court of appeals/district implicitly) instruction was adequate to submit issue to jury. | Instruction omitted Rich’s required intensifiers ("substantially"/"significantly"), potentially diluting the standard. | Majority held sufficiency failure moot as conviction reversed; concurrence stressed the instruction was erroneous and its omission of intensifiers supports reversible error in close cases. |
| Remedy as to lesser sexual‑abuse counts after kidnapping reversal | State argued may stand or retry on other degrees as permitted by verdict form and instructions. | Robinson sought dismissal of kidnapping‑dependent counts. | Court: convictions requiring the confinement element (kidnapping 1st/3rd, false imprisonment) must be dismissed; State may ask for judgment on necessarily decided sexual abuse in the third degree or retry on second degree. |
| Barrier‑free access to counsel (statutory and constitutional claim) | State: Iowa Code §804.20 applies only to post‑arrest/pre‑charge initial communications; Walker requires showing of specific need for barrier‑free access; no prejudice shown. | Robinson: statutory right to confidential barrier‑free meetings; Plexiglas and camera/intercom impeded confidential attorney‑client communication and trust. | Statutory claim: §804.20 construed as limited to immediate post‑arrest communications, not ongoing jail visits; no statutory relief. Constitutional claim: not preserved below (new grounds asserted on appeal), so no relief; district court’s tailored order (barrier‑free on showing of need) upheld for guidance. |
Key Cases Cited
- State v. Rich, 305 N.W.2d 739 (Iowa 1981) (adopts incidental‑rule framework and tripartite test for when confinement/removal exceeds that inherent in sexual abuse)
- State v. McGrew, 515 N.W.2d 36 (Iowa 1994) (applies Rich test and upholds kidnapping where seclusion, restraints, and hours‑long detention substantially increased risk of harm)
- State v. Marr, 316 N.W.2d 176 (Iowa 1982) (reverses kidnapping where brief movement and short‑duration confinement did not meet Rich standards)
- State v. Walker, 804 N.W.2d 284 (Iowa 2011) (discusses statutory right to consult counsel and factual situations warranting barrier‑free access)
- People v. Levy, 15 N.Y.2d 159 (N.Y. 1965) (landmark ‘‘incidental’’ approach rejecting literal application of kidnapping statutes that would swallow other offenses)