Class Notes 1/24/17

Judge Dave Staudt

https://ballotpedia.org/David_Staudt

http://wcfcourier.com/news/local/waterloo-public-defender-named-district-court-judge/article_304044e4-bd04-11df-aed4-001cc4c03286.html

http://wcfcourier.com/news/local/judge-takes-his-cases-to-a-higher-court/article_8e49999c-bcdb-5cdd-9ced-f62cd48968da.html

http://gaycitynews.nyc/unprotected-oral-sex-makes-positive-man-sex-offender/

http://www.kcrg.com/content/news/Judge-Grants-New-Trial-for-Waterloo-Man-Convicted-of-Murder-370565161.html

Questions for Judge Dave Staudt:

  1. Can you describe your experience working with the Michelle Kehoe case?
  2. Can you describe the transition from being a lawyer to becoming a judge?
  3. Article from kcrg.com talked about your granting of a Waterloo man named Perquondis Holmes after he had already been convicted of murder. Why did you make  that decision and what type of public reaction did you receive from that?

Answers from Judge Dave Staudt:

  1. a
  2. a
  3. a

Words from Judge Dave Staudt:

Two jurisdictions in the U.S.

US Fed

State – where Staudt resides

The State of Iowa vs …. In Iowa there is the supreme court of Iowa, the court of appeals, district court, ass. district court, magistrates.

Each judge can only hear certain kinds of cases.

Magistrates simple misdemeanors, civil stuff like small claims. Money judgements up to $1,000

Ass. Dist. Court – OWI’s, possession of illegal drugs, simple assaults, money judgements up to $10,000

District Court – $10,000 or more. divorces, civil cases like car accidents, contract problems, felonys, criminal cases. Do not do bankruptcies. Federal Gov has to do that. Workers comp cases.

Court of Appeals – If you don’t like the ruling of the District Court can go to Court of Appeals. Will either affirm your appeal or deny it. Affirm the original ruling or overrule the  ruling, goes back down and District Court does what Court of Appeal says to do.

State of Iowa Supreme Court – 7 justices. Have to be a majority vote for something to be a final ruling.

Anelia’s Q’s – what is a felony

Class A, B, C, D Felonys

Class A Felony is life in prison. First degree murder, first degree sexual assault, first degree kidnapping.

Class B 25 years – robbery 1st degree,

Class C 10 years

Class D 5 years

robbery 2nd degree assault to commit a theft

robbery 1st degree assault to commit a theft with a weapon

if a door is open – no longer a burglary – now just a theft?

If you go in to assault someone and open a door to do it – burglary 1st degree plus assault

Must prove everything beyond a reasonable doubt otherwise there cannot be a conviction.

Much more than more likely than not.

If you have an STD – HIV, Herpes or other incurable diseases… you have a legal duty to tell a person you might have sex with about your disease.

Difference between a public defender and a “practicing lawyer”

Nothing really, just where they work? Public Defender does it more to help people.

 

What should a student do when covering a hearing

You can sit in on any open door case. Mental health convictions or child cases they might be able to close the doors but you can do whatever for the most part.

You can take notes but you cannot use electronics to record, take pics, video or text.

To find out when the trials are going on just come down

Jury trials start on Tuesdays at 9.  At 1:30 the case will start.

 

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