State of Iowa v. Zyriah Henry Floyd Schlitter, 2016 Iowa Sup. LEXIS 70

Background

Father Zyriah Schlitter was primary custodial parent of 18‑month‑old K.S.; K.S. suffered repeated bruises and ultimately fatal brain injuries in March 2010.
Multiple caretakers (girlfriend Amy Parmer, daycare staff, relatives) cared for K.S. during the period of the injuries; bruises were observed on multiple occasions and sometimes covered with makeup.
K.S. was hospitalized March 21 in critical condition and later died after life support removal. Medical testimony indicated multiple head trauma events at different times; precise timing of injuries was uncertain.
Schlitter was charged with first‑degree murder and child endangerment resulting in death; convicted by a general jury verdict of involuntary manslaughter (by commission of public offense) and child endangerment resulting in death.
At trial counsel moved for acquittal only on murder (not on the four alternative theories of child endangerment); on appeal Schlitter argued ineffective assistance for failing to move for judgment of acquittal on unsupported alternatives and raised a Miranda/suppression claim.

Issues

Issue	Schlitter’s Argument	State’s/Respondent’s Argument	Held
Whether trial counsel was ineffective for failing to move for judgment of acquittal on each alternative means of child endangerment	Counsel should have challenged insufficient evidence as to any alternative not supported by the record	Sufficient evidence supported the submitted alternatives; no ineffective assistance	Counsel was ineffective: evidence insufficient for the alternative that Schlitter himself used unreasonable force, so a new trial is required and that alternative cannot be retried
Whether evidence supported submission of the four alternatives of child endangerment	Insufficient to prove Schlitter inflicted the abusive force; only some alternatives supported (permitting abuse; failure to seek care; leaving child with abuser)	Evidence (bruises, hiding with makeup, prior DHS report, symptom history) supports alternatives and convictions	Three alternatives survive (knowingly created risk; willful deprivation of supervision/medical care; knowingly permitted continuing abuse); the intentional‑force alternative failed for lack of proof of Schlitter as perpetrator
Whether Schlitter’s March 30 statements at the state patrol office should have been suppressed under Miranda	Statements were taken in custody after questioning became accusatory and after Schlitter asked officers to stop and request counsel; Miranda warnings required; later use was prejudicial	Schlitter was not in custody; he voluntarily came, could leave, was not physically restrained, and left after interview; no Miranda violation	Majority: not in custody; Miranda warnings not required, suppression denied. Concurrence/dissent: would hold interrogation became custodial when officers persisted and would suppress those post‑accusatory statements
Whether prosecutor’s closing remarks were prosecutorial misconduct and whether counsel was ineffective for failing to object timely	Prosecutor’s emotional appeals and civic‑duty language were improper; counsel should have objected	District court found remarks did not amount to misconduct; likely prosecutorial error if anything; issue unlikely to recur and thus not resolved on appeal	Court treats remarks as prosecutorial error (not misconduct), declines to decide further because retrial will occur and circumstances may differ

Key Cases Cited

State v. Tyler, 873 N.W.2d 741 (Iowa 2016) (reversal required when general verdict may rest on an unsupported theory)
State v. Brubaker, 805 N.W.2d 164 (Iowa 2011) (failure to move for judgment of acquittal on an essential element can be ineffective assistance)
State v. Graves, 668 N.W.2d 860 (Iowa 2003) (standards for prosecutorial conduct review and ineffective assistance analysis)
State v. Neiderbach, 837 N.W.2d 180 (Iowa 2013) (sufficiency‑of‑evidence standard review)
Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (Miranda warning requirement for custodial interrogation)
Yarborough v. Alvarado, 541 U.S. 652 (U.S. 2004) (custody assessed by how a reasonable person in the suspect’s situation would perceive circumstances)
State v. Miranda, 672 N.W.2d 753 (Iowa 2003) (Iowa test for custodial interrogation factors)