Victor Esquival Serrato, Applicant-Appellant v. State of Iowa
15-2118
| Iowa Ct. App. | Feb 22, 2017Background
- Victor Serrato was convicted of first-degree murder and nonconsensual termination of a pregnancy after Mimi Carmona (who was pregnant) was killed; convictions affirmed on direct appeal.
- Serrato filed a pro se postconviction-relief (PCR) application and later submissions raising numerous grounds including Miranda, Vienna Convention/consular notification, territorial jurisdiction, jury impartiality, voir dire, and ineffective assistance of counsel (IAC).
- Postconviction counsel focused the PCR hearing on whether Serrato was given Miranda warnings when he was in custody; the district court found Serrato was not in custody, so Miranda did not apply, and denied relief.
- Serrato filed Iowa R. Civ. P. 1.904(2) motions asking the court to rule on additional pro se issues; the court addressed and rejected five pro se claims in its written ruling.
- On appeal Serrato raised many issues, but the Court of Appeals limited review to five properly preserved issues and affirmed the district court’s denial of PCR relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Vienna Convention / consular notification | Serrato argued he was entitled to consular notification under Article 36 and officers failed to inform him | State and district court: consular notification occurred; issue previously ruled on in trial court | Court found no error; record shows Mexican Consulate was notified at arrest, claim rejected |
| Territorial jurisdiction / impartial jury | Serrato argued trial should have occurred in Illinois because body found there; trial location deprived him of impartial jury | State: Iowa had territorial jurisdiction; issue decided on direct appeal | Court held claim already rejected by Iowa Supreme Court (Serrato) |
| IAC re: predicate felony for felony murder | Serrato argued counsel should have argued nonconsensual termination of pregnancy cannot be predicate felony for felony murder | State: Serrato was tried and convicted under premeditated murder theory, not felony murder | Court held prosecution rested on premeditated murder; counsel not ineffective on this point |
| Voir dire / juror prejudice from media | Serrato argued defense counsel was prevented from adequately questioning jurors about media prejudice | State: Voir dire transcript shows thorough questioning occurred | Court found no merit; transcript shows full voir dire was conducted |
| Miranda / Iowa constitutional protection | Serrato argued he should have Miranda protections under Iowa Constitution for the statements at issue | State: Miranda applies only when suspect is in custody; court found Serrato was not in custody | Court held Miranda warnings were not required because Serrato was not in custody; Iowa Constitution claim fails |
Key Cases Cited
- State v. Serrato, 787 N.W.2d 462 (Iowa 2010) (direct appeal resolving territorial-jurisdiction question)
- More v. State, 880 N.W.2d 487 (Iowa 2016) (standard of review for PCR)
- Nguyen v. State, 878 N.W.2d 744 (Iowa 2016) (de novo review for IAC claims)
- State v. Ortiz, 766 N.W.2d 244 (Iowa 2009) (custodial interrogation triggers Miranda)
- State v. Schlitter, 881 N.W.2d 380 (Iowa 2016) (Miranda applies when suspect is in custody and interrogated)
- Gamble v. State, 723 N.W.2d 443 (Iowa 2006) (substantial compliance with rule requiring findings of fact and conclusions of law)
- Jones v. State, 731 N.W.2d 388 (Iowa 2007) (court must rule on each pro se PCR issue raised)
- Hanson v. Harveys Casino Hotel, 652 N.W.2d 841 (Iowa Ct. App. 2002) (appellate brief must present issues or court need not research them)
- In re Estate of DeTar, 572 N.W.2d 178 (Iowa Ct. App. 1997) (court may address issues out of grace despite briefing failures)
- Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation requires advisement of right to remain silent and counsel)