State v. Waller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding district court did not err when it refused to submit a lesser included offense instruction when there was complete identity of the elements between the crimes of extortion, a class “D” felony, and second-degree robbery, a class “C” felony
• explaining criminal trespass element of entry upon property of another “corresponds to entry into an occupied structure not open to the public”
• equating the first element of criminal trespass under Iowa Code section 716.7(2)(c) (1987)—“entering”—with the first two elements of burglary under section 713.1—“entry” and “by a person”
• equating the first element of criminal trespass under Iowa Code section 716.7(2)(c) (1987) — “entering”—with the first two elements of burglary under section 713.1 — “entry” and “by a person”
• “Entry upon or in property ... does not always constitute entry into an occupied structure.... Entry into an occupied structure, however, always constitutes entry upon or in property. ...”
• equating elements statutorily described differently in greater and lesser offenses

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• State of Iowa v. David Lee Miller
  Supreme Court of Iowa· 2014-01-03· cited 123×
• State v. Turecek
  Supreme Court of Iowa· 1990-06-25· cited 69×
• State v. Hickman
  Supreme Court of Iowa· 2001-03-21· cited 42×
• State v. Bridges
  Court of Appeals of Iowa· 2017-12-06
• ALOTAIBI (MAZEN) VS. STATE
  Nevada Supreme Court· 2017-11-09
• State of Iowa v. Derek Krieger
  Court of Appeals of Iowa· 2019-06-05

Cites

9 cases in this archive are cited by this case.

• State v. Jeffries
  Supreme Court of Iowa· 1988-10-19· cited 129×
• State v. Sangster
  Supreme Court of Iowa· 1980-12-17· cited 57×
• State v. Redmon
  Supreme Court of Iowa· 1976-08-30· cited 53×
• State v. Feddersen
  Supreme Court of Iowa· 1975-06-25· cited 47×
• People v. Frysig
  Supreme Court of Colorado· 1981-05-26· cited 41×
• State v. Sallis
  Supreme Court of Iowa· 1978-01-18· cited 30×
• State v. Begbie
  Court of Appeals of Minnesota· 1987-11-17· cited 19×
• State v. Burkett
  Supreme Court of Iowa· 1984-11-14· cited 17×
• State v. Luppes
  Court of Appeals of Iowa· 1984-09-25· cited 6×