State of Iowa
v.
Bradley Elroy Wickes
The defendant appeals from his conviction for sexual exploitation by a school employee. Iowa Code section 709.15(3)(a)(1) (2015). He argues: (1) there was insufficient evidence to support the conviction because the conduct in question was “merely nonsexual hugs”; (2) there was insufficient evidence of a pattern, practice, or scheme of conduct to engage in sexual exploitation by a school employee when there was only one alleged victim and the conduct merely involved a few hugs; (3) the district court used the incorrect standard when ruling on his motion for new trial, and it failed to independently weigh witness credibility; (4) the district court had discretion to defer judgment and suspend the sentence, but it abused its sentencing discretion when it sentenced the defendant “to prison for hugs”; and (5) if the appellate court concludes the district court had no discretion to defer judgment or to suspend the defendant’s five-year sentence, then the sentencing statute constitutes cruel and unusual punishment under the State and Federal Constitutions as applied to the facts of this case.
Appellee
State of Iowa
Appellant
Bradley Elroy Wickes
Attorney for the Appellee
Louis S. Sloven
Attorneys for the Appellant
Eric D. Puryear
Eric S. Mail
Supreme Court
Oral Argument Schedule
15-15-5
Nov 13, 2017 1:30 PM
