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E-FILED 2013 MAY 30 9:22 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 MAY 30 9:44 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA Plaintiff vs Summons or Citation JOSEPH HARRY DEWEY Defendant Case No. 02811 SMCR012314

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: SIMPLE ASSAULT in violation of Section(s) 708.2(6) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 06/07/2013 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.

/s/ SHELLEY BASS CLERK OF DISTRICT COURT SAC COUNTY IOWA Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate before whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of an original notice (804.1).

Recipient List Case ID : 02811 SMCR012314 - STATE VS JOSEPH HARRY DEWEY Event Cd : E-FILED SUMM 2013 MAY 30 9:44 AM SAC - CLERK OF DISTRICT COURT JOSEPH HARRY DEWEY filed

E-FILED 2013 JUN 05 10:18 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA Plaintiff vs Summons or Citation JOSEPH HARRY DEWEY Defendant Case No. 02811 SMCR012314

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: SIMPLE ASSAULT in violation of Section(s) 708.2(6) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 06/18/2013 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.

/s/ SHELLEY BASS CLERK OF DISTRICT COURT SAC COUNTY IOWA Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate before whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of an original notice (804.1).

Recipient List Case ID : 02811 SMCR012314 - STATE VS JOSEPH HARRY DEWEY Event Cd : E-FILED SUMM2013 JUN 05 10:18 AM SAC - CLERK OF DISTRICT COURT JOSEPH HARRY DEWEY filed

E-FILED 2013 JUN 18 10:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY Magistrate Division THE STATE OF IOWA, PLAINTIFF VS. JOSEPH H. DEWEY, DEFENDANT ) ) NO: SMCR012314 ) ) ) APPEARANCE ) )

________________________________________________ COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant, pleads not guilty and waives speedy trial herein. Respectfully Submitted, /S/ Charles A. Schulte AT0007137 SCHULTE LAW FIRM, L C 421 Main St. PO Box 392 Sac City, IA 50583 (712) 662-4715

Original filed Copy to: County Attorney

E-FILED 2013 JUN 18 10:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY Magistrate Division THE STATE OF IOWA, PLAINTIFF VS. JOSEPH H. DEWEY, DEFENDANT ) ) NO: SMCR012314 ) ) ) APPEARANCE ) )

________________________________________________ COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant, pleads not guilty and waives speedy trial herein. Respectfully Submitted, /S/ Charles A. Schulte AT0007137 SCHULTE LAW FIRM, L C 421 Main St. PO Box 392 Sac City, IA 50583 (712) 662-4715

Original filed Copy to: County Attorney

E-FILED 2013 JUN 18 10:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY Magistrate Division THE STATE OF IOWA, PLAINTIFF VS. JOSEPH H. DEWEY, DEFENDANT ) ) NO: SMCR012314 ) ) ) APPEARANCE ) )

________________________________________________ COMES NOW Charles A. Schulte, 421 Main St., Sac City, IA 50583; (712) 6624715 and hereby enters his appearance on behalf of the defendant, pleads not guilty and waives speedy trial herein. Respectfully Submitted, /S/ Charles A. Schulte AT0007137 SCHULTE LAW FIRM, L C 421 Main St. PO Box 392 Sac City, IA 50583 (712) 662-4715

Original filed Copy to: County Attorney

E-FILED 2013 AUG 23 3:13 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff(s), vs JOSEPH HARRY DEWEY , Defendant(s). 02811 SMCR012314 Order Setting Trial

01 - 708.2(6) - ASSAULT (SMMS) The defendant has entered a plea of not guilty. Non Jury Trial is scheduled on 09/16/2013 at 10:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. NOTE: The following items of clothing are not appropriate for court proceedings: hats, shorts, shirts with inappropriate printing or clothing that is overly dirty or ragged. The defendant's bond remains as set.

The court has provided a copy of this order to the defendant.

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E-FILED 2013 AUG 23 3:13 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SMCR012314 Type: Case Title STATE VS JOSEPH HARRY DEWEY ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-23 15:13:14

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E-FILED 2013 SEP 06 3:35 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 16 12:05 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS JOSEPH HARRY DEWEY Defendant 02811 SMCR012314

ORDER

This matter came before the court for trial on this 16th day of September, 2013. The state appeared by county attorney Ben Smith and defendant appeared in person and with his attorney Charles Schulte. Testifying on behalf of the state were Rebecca Peters and Tim Peters. Defendant testified on his own behalf. At the conclusion of the evidence the court took the matter under advisement and invited counsel to submit any case law that they want the court to review by no later than September 23, 2013.

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E-FILED 2013 SEP 16 12:05 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SMCR012314 Type: Case Title STATE VS JOSEPH HARRY DEWEY OTHER ORDER So Ordered

Electronically signed on 2013-09-16 12:05:16

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E-FILED 2013 SEP 23 10:23 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA Plaintiff VS JOSEPH HARRY DEWEY Defendant 02811 SMCR012314

ORDER

This matter came before the court for trial on the 16th day of September, 2013. Based on the record the court finds the defendant not guilty of the charge. In making its ruling the court finds that this was a very close case in that the victim took great offense to the defendant's touching but the court finds that there is insufficient evidence that the defendant intended to cause the victim the offensiveness and humiliation that she described. Having just come from the cemetery from visiting her recently deceased husband's and her son's graves she was in a particularly vulnerable mental state that would not have been obvious to the defendant. The court cautions the defendant about not performing any similar touching in the future.

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E-FILED 2013 SEP 23 10:23 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SMCR012314 Type: Case Title STATE VS JOSEPH HARRY DEWEY OTHER ORDER So Ordered

Electronically signed on 2013-09-23 10:22:17

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