Oskaloosa.com

CNHI/Southeast Iowa

October 18, 2013

Appeals Court affirms Mitchell decision

Des Moines — Joshua Tyler Mitchell, who was arrested on drug charges in Marion County in November 2007, has lost an appeal regarding his conviction and 25-year prison sentence. 

On Nov. 3, 2007, Joshua Mitchell was a passenger in a vehicle that was stopped in Marion County because it only had one headlight. The driver did not have proof of insurance, and a deputy sheriff determined the vehicle should be impounded. As part of that process, officers removed items from the vehicle. The contents of the vehicle included Coleman fuel, Heet, paper towels, a coffee maker, Mason jars, tubing, a gravel vacuum cleaner, acetone, MSM tablets, small plastic bags, and matches.

These items may be used in the manufacture of methamphetamine. The driver, Violet Mitchell (Mitchell’s aunt), stated Mitchell had asked her and the other passenger of the vehicle, Pam Goemaat, to purchase some of the items. Mitchell told an officer he was building an aquarium at home. Mitchell was charged with conspiracy to manufacture a controlled substance (methamphetamine), in violation of Iowa Code section 124.401(1)(b)(7) (2007).

The case proceeded to a jury trial with evidence as outlined above. Ricky Maples and Christina Thomas testified they had an agreement with Mitchell to provide him with pseudoephedrine in exchange for methamphetamine. Thomas testified Mitchell told her, “he needed the pills to make the product, to make the meth.” Pharmacy records showed Maples and Thomas had purchased pseudoephedrine on multiple occasions. They testified that within a few days of delivering the pseudoephedrine to Mitchell they would receive methamphetamine from him. 

Mitchell was convicted by a jury and later sentenced to up to 25 years in prison. He appealed, but the appeal was deemed "frivolous" under Iowa Rule of Appellate Procedure. In April 2010, he filed an application for post-conviction relief, claiming his counsel was ineffective. 

"Even if defense counsel had breached an essential duty, Mitchell has not shown the result of the proceeding would have been different," Senior Judge Mahan wrote in the opinion. "As noted by the district court, the State had a very strong case that Mitchell was involved in a conspiracy to manufacture methamphetamine. Not only was there evidence Mitchell had purchased items used in the manufacture of methamphetamine, there was evidence he had asked the two other people in the vehicle with him to purchase items used in the manufacture of the controlled substance." 

"We conclude Mitchell has failed to show he received ineffective assistance of counsel. We affirm the decision of the district court denying Mitchell’s request for post-conviction relief," Mahan concluded. 

The full opinion can be read at http://www.iowacourts.gov/About_the_Courts/Court_of_Appeals/Court_of_Appeals_Opinions/Recent_Opinions/20130724/3-496.pdf

 

1
Text Only
CNHI/Southeast Iowa
  • Raw oysters spike U.S. rise in bacterial infections, CDC reports

    Raw oysters, so good with hot sauce, increasingly can carry something even more unsettling to the stomach: A bacteria linked to vomiting, diarrhea and pain.

    April 17, 2014

  • To sleep well, you may need to adjust what you eat and when

    Sleep.  Oh, to sleep.  A good night's sleep is often a struggle for more than half of American adults.  And for occasional insomnia, there are good reasons to avoid using medications, whether over-the-counter or prescription.

    April 16, 2014

  • Doctors to rate cost effectiveness of expensive cancer drugs

    The world's largest organization of cancer doctors plans to rate the cost effectiveness of expensive oncology drugs, and will urge physicians to use the ratings to discuss the costs with their patients.

    April 16, 2014

  • Low blood-sugar levels make for grousing spouses

    Husbands and wives reported being most unhappy with their spouses when their blood-sugar levels were lowest, usually at night, according to research released this week in the Proceedings of the National Academy of Sciences. Missing a meal, dieting or just being hungry may be the reason, researchers said.

    April 16, 2014

  • Live entertainment slated for Tulip Time This year's line-up for Festhouden, which will begin at 7 p.m. each evening of Tulip Time, has been announced. Festhouden will take place on the Tulip Toren located on the south side of Pella's square. Grandstand tickets for Festhouden and the evenin

    April 16, 2014

  • Life and Times cover.tiff Life and Times

    Click here to go to the new Life and Times e-magazine.

    May 30, 2012 1 Photo

  • Screen Shot 2014-04-16 at 12.51.22 PM.png VIDEO: Toddler climbs into vending machine

    A child is safe after climbing into and getting stuck inside a claw crane machine at a Lincoln, Neb., bowling alley Monday.

    April 16, 2014 1 Photo

  • portraitoflotte.jpg VIDEO: From infant to teen in four minutes

    Dutch filmmaker Frans Hofmeester’s time lapse video of his daughter, Lotte — created by filming her every week from her birth until she turned 14 — has become a viral sensation.

    April 16, 2014 1 Photo

  • Victimized by the 'marriage penalty'

    In a few short months, I'll pass the milestone that every little girl dreams of: the day she swears - before family and God, in sickness and in health, all in the name of love - that she's willing to pay a much higher tax rate.

    April 15, 2014

  • Allergies are the real midlife crisis

    One of the biggest mysteries is why the disease comes and goes, and then comes and goes again. People tend to experience intense allergies between the ages of 5 and 16, then get a couple of decades off before the symptoms return in the 30s, only to diminish around retirement age.

    April 15, 2014

Obituaries
Oskaloosa Shopper
Facebook
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Photo reprints