Академический Документы
Профессиональный Документы
Культура Документы
281 ii SEP 10 AH 9: OU
Sac
IN T H E I O W A DISTRICT C O U R T F O R .
COUNTY
Civil
Criminal
S T A T E OF I O W A or
NO. flfrfgq;kM3.
Plaintiff/Petitioner,
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.
In support of my application for appointment of connsel, and under penalty of perjury, the andersigned states
Name:
BirthDate:
Home Phone: W
Street Address:
)OWd-
Pending charges:
<$<'
Street/P.O. Box
Ov\V^^
d No Job
^6
Apt#
jE-mail:
Couti^j/
City
b i V * ^ ' ft) ft r l v u f
^
J?A
State
SI SO 3
Zip
3^-
pt
? 3>
per -&(fhour
How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you?
(/
month
year
Q /, &OQ
^ </
If a spouse lives with you, how much money does your spouse make?
'
per
List all other money you, or anyone else living in your household, has coming in: A/fUf.
hour
J
month
year
U/fffK.
List what
L,ist
wnai you
you own
own including
including money
money in
m banks,
DanKs,cars,
cars,trucks,
trucks, other
othervehicles,
vehicles, land,
land,houses,
hous buildings, cash, or anything
else worm more than $100:
My
^"C/
W *-2.J/\.
Pr^hfj
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
ftJ^t
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the mformation submitted on this
financial affidavit I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.
Date
M l f
Signature
"
^
Rev. 1/6/12
STATE OF IOWA,
PLAINTIFF,
VS.
JOHN DAVID ZELLMER ,
02811 AGCR012643
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.
1 of 2
Case Title
STATE VS JOHN DAVID ZELLMER
ORDER APPOINTING
So Ordered
2 of 2
'b&.Wtt&
20iiiSFP- in PH 2". 57
M A G I S T R A T E DIVISION
STATE O E IOWA,
MAGISTRATE NO.
Plaintiff
INITIAL APPEARANCE
Defendant
On this ^ ^
. day of ^ ^ f \ ^ r L u \ J , 2 0 _ / the Defendant herein appears before the
pndersigned Magistrate in and for Sac County, having been charged with the crime of d f t i / j M jjJKi f-g.
.
_ . being a violation of Section
of the Code of
Iowa.
The Court advises the Defendant as follows:
1.
That he/she has the right to remain silent. That any statement made by the Defendant can and
would be used against him/her in a Court of law. That he/she has the right to have an attorney
present at all stages ofthe proceeding and, ifthe Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.
Sat,si \
3. That the Tna-rimnm punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail
3y Years Prison
1
And/Or S 2 Cl- loFine i f S ^ *
i CijfJ
4.
That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-appointed counsel must be completed, reviewed by the Sac County Attorney and fUed with
this Court.
5-
()
You will be released from custody prior to trial on your own promise to appear at all
farther court proceedings. Ifyou willfully fall to appear before any court as required, you shall be
guilty of a Ctess=^lony/serious misdemeanor; or
(b)
(If appropriate) Upon consideration pf the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the
Court imposes the foDowing conditions on your release:
6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of fhe Defendant as charged. Prior to a
preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information
may be filed by the County Attorney of this county.
7.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
Waived
_
A
^,
X ' Set for fhe 3\ &k- day of
20__ at ?0;
A M . in the
Magistrate Courtroom, Courthouse, Sac City, Sac Comity, Iowa.
f [
f*^a.prelzniliiary hearing date has been set, you should contact the county attorney at (712) 662-4791 \
\_b_fore attending this hearing to determine whether or not it will be held.
~ ~ '
(Jom
<k
Qrv^Jb / f l tl d**"**"
_ Uf fv So
If you require fhe assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district A D A coordinator at (641) 421-0990. (Ifyou are hearing impaired, cal] Relay Iowa
T T Y at 1-800-735-2942.)
Warren L . Bush
Copies to:
County Attorney
Defendant
Sac County Sheriff
, Judicial Magistrate
)
)
)
Crim No. AGCR012643
)
) Appearance and Waiver of
) Preliminary Hear
)
)
)
COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box
392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on
behalf of the above-named defendant and on behalf of the defendant, waives preliminary
hearing in the captioned matter.
Original filed
Copy to: County Attorney
TRIAL INFORMATION
Prosecuting Attorney
NAMES OF WITNESSES:
JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
Case Number
AGCR012643
Case Title
STATE VS JOHN DAVID ZELLMER
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 3 of 3
STATE OF IOWA,
Plaintiff,
vs
Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.
IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is
scheduled on 10/15/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Case Number
AGCR012643
Case Title
STATE VS JOHN DAVID ZELLMER
So Ordered
page 2 of 2
STATE OF IOWA,
Plaintiff,
v.
County Attorney
Defendant
Defense Counsel
1 of 2
Case Title
STATE VS JOHN DAVID ZELLMER
ORDER FOR CONTINUANCE
So Ordered
2 of 2
Date: 10/16/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
AGCR012643
No.
vs.
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
JOHN DAVID ZELLMER ,
ORDER
DEFENDANT.
The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before October 31, 2014. If any objection is filed on or
before October 31, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before October 31, 2014, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.
1 of 2
Case Title
STATE VS JOHN DAVID ZELLMER
OTHER ORDER
So Ordered
2 of 2
I 261]
CI{IMINALNO. AGCRO
WRITTE1.'\ARRAIGNMENT.
PLEAOFNOT GLJII-I'Y
Defendar.rt
Datc frial Informationfiled: l0/01/2014
criminalcaseand underoathstates:
COMIIS NOW thc Defendantin the above-captioned
b-vAttomey CharlesA. Schulte,whoscaddressand phonenumberare
1. I am represcnted
421 Main St..PO Box 392.SacCity. IA. 50583;(712)662-4715.
2, My currentnrailingand rcsidenceaddressandpl.ronenumberare 1002SimmsAve.,
My dateof birthis 09CouncilBluffs,lA 51503.My phonenumberis: 402-690-5818.
the Englishlanguagcand havecompletedthc
23-1986. I can rcadand understand
following level ofeducation:l2 Years.
4. I havebeer.radvisedby my attorneyand understandthal I have a right to arraignment
in openCourl. and I voluntarilyrvaivethat right. choosinginsteadto sign this Written
that times tbr furthcrproceedings
Arraignmentand Pleaof Not Guilty. I understand
which arecomputedfrom the dateof arraignmcntwill be computedliom the dateof
filing this Writtcr.rArraignmentand Pleaof Not Guilty.
Defendant
Original to be filed u ith Clerk of Court
Copl' provided to:
County Attorney'
Defendant.
The defendant having filed a written arraignment in this matter on October 21, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/03/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 12/09/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.
1 of 3
2 of 3
Case Title
STATE VS JOHN DAVID ZELLMER
ORDER SETTING TRIAL
So Ordered
3 of 3
FORSACCOLINTY
IN THL,IOWA DISTzuCTC]OL]RT
THF]S'IAIE OI IOWA.
Plaintifl.
JOFINDAVID ZELLMDR
NO.AGCR0l2643
WAIVEROF-RIGHTTO
SPEEDYTRIAL
Defendant.
this 3 dayor
Signed
D.lA-
,20 I { ,
Plaintiff,
v.
REPORT OF PRETRIAL
CONFERENCE
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On December 3, 2014, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Chuck Schulte. The parties, through
the undersigned, represent the following to the Court: The Defendant has
agreed to plead guilty to the citations filed in CSSTA0021425 and
SMCR012644, and the State has agreed to dismiss Count 1 of the Trial
information, without prejudice, and with costs to Defendant.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
STATE OF IOWA,
02811 AGCR012643
Plaintiff,
vs.
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.
IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 12/17/2014 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.
1 of 2
Case Title
STATE VS JOHN DAVID ZELLMER
OTHER ORDER
So Ordered
2 of 2
OTHER ORDER
Case Number
AGCR012643
Case Title
STATE VS JOHN DAVID ZELLMER
So Ordered
page 2 of 2