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Case No. 16-1684

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.

County:
Clinton

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

Briefs

Supreme Court Opinion

Opinion Number:
16-1684
Date Published:
Mar 30, 2018
Date Amended:
Jun 15, 2018
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