State of Iowa v. Caleb A. Dormire
State of Iowa v. Caleb A. Dormire
Opinion
Caleb Dormire appeals following his conviction of second-degree sexual abuse. He first argues the court erred in denying his motion to dismiss because the trial information was filed more than forty-five days after he was taken into custody, in violation of his right to a speedy indictment. We review this claim for correction of errors at law.
See
State v. Williams
,
On the evening of December 16, 2014, a law enforcement officer stopped Dormire's vehicle while investigating a report of sexual assault. Dormire was searched for weapons, placed in the backseat of a patrol car, and informed of his Miranda rights. Dormire agreed to answer questions at the police station and consented to a physical search and confiscation of his clothing for DNA testing. During the night, he was repeatedly told he was not under arrest.
The DNA samples were sent to a lab for analysis in January 2015, and the results of testing were not received until August 2015. The results led to the issuance of a warrant for Dormire's arrest. He was formally arrested on October 7, 2015, and on November 4, 2015, the State filed a trial information that charged Dormire with second-degree sexual abuse.
Dormire moved to dismiss the charge, alleging the State had violated Iowa Rule of Criminal Procedure 2.33(2)(a), which states:
When an adult is arrested for the commission of a public offense ... and an indictment is not found against the defendant within 45 days, the court must order the prosecution to be dismissed, unless good cause to the contrary is shown or the defendant waives the defendant's right thereto.
Dormire alleged he was arrested on December 16, 2014, nearly a year before the State filed the charge against him. He relied on
State v. Wing
,
After Dormire filed this appeal, the supreme court overruled
Wing
.
See
State v. Williams
,
Arrest for the purposes of the speedy indictment rule requires the person to be taken into custody in the manner authorized by law. The manner of arrest includes taking the arrested person to a magistrate. The rule is triggered from the time a person is taken into custody, but only when the arrest is completed by taking the person before a magistrate for an initial appearance.
"[J]udicial decisions generally operate retroactively and prospectively, and we apply the law to a case that exists at the time the case comes before us."
Casey's Gen. Stores, Inc.
,
Dormire also contends his trial counsel provided ineffective assistance in several respects concerning testimony that he believes violated the court's rulings on his motions in limine. Dormire's first motion in limine sought to exclude evidence concerning his character or criminal history and his third motion in limine sought to exclude "[a]ny attempted admission of and/or testimony regarding" certain photographs depicting marijuana. When the complaining witness was asked at trial if Dormire was going to pay her to watch his house while he was away, she testified that Dormire said he was going to give her marijuana in exchange for it. Outside the jury's presence, Dormire's trial counsel objected to the testimony as a violation of the court's rulings. The trial court ruled that the third motion in limine did not extend beyond the photographic evidence. The court found the evidence could potentially damage Dormire but would also damage the witness's testimony and would not be particularly damaging to the defense. Dormire argues that counsel was ineffective by failing to move for a mistrial and request the jury be instructed to disregard the evidence. He also argues counsel was ineffective by failing to better frame the motion in limine to include all references to marijuana.
We review ineffective-assistance claims de novo.
See
State v. Straw
,
AFFIRMED.
Dormire also cited
State v. Williams
, No. 14-0793,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.