State v. Mott

759 N.W.2d 140, 2008 Iowa App. LEXIS 1026, 2008 WL 4725281
CourtCourt of Appeals of Iowa
DecidedOctober 29, 2008
Docket07-1180
StatusPublished
Cited by14 cases

This text of 759 N.W.2d 140 (State v. Mott) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mott, 759 N.W.2d 140, 2008 Iowa App. LEXIS 1026, 2008 WL 4725281 (iowactapp 2008).

Opinion

MAHAN, J.

Harlan Mott Jr. appeals following conviction and sentence for kidnapping in the first degree and assault causing bodily injury. He asserts the following on appeal: (1) there was insufficient evidence to support his conviction for kidnapping in the first degree; (2) his trial counsel was ineffective in failing to challenge the weight of the evidence in a motion for new trial and in failing to move for a judgment of acquittal; (3) the district court abused its discretion in permitting “hybrid” representation; and (4) the court abused its discretion in denying his motions for substitute counsel. Through a pro se brief, Mott also raises a jury instruction challenge and several evi-dentiary and ineffective assistance of counsel claims. We affirm.

I. Background Facts and Proceedings.

Lisa Floyd met Mott through friends in late October 2006. Floyd saw Mott almost daily after they met and spent at least two nights at his home. 1 On November 4, 2006, Floyd had the night off work and made plans to go out with Mott, Timothy and Martha Miller (Mott’s nephew and his wife), and two other friends. The group met at Mott’s and then rode in two cars to Prairie Meadows Casino. Floyd and Mott gambled and each drank about four drinks. From Prairie Meadows, the group went to a nearby truck stop for breakfast. After breakfast, Floyd and Mott rode with the Millers to the Brew Haus, a bar owned by Floyd’s relatives, to continue drinking. The two other friends went home. The group left the Brew Haus when Mott punched a man in the face and knocked *144 him to the ground for making a derogatory comment about the Millers’ dancing ability. Mott was mad and blamed Floyd for the incident because her family owned the bar. Mott swore at Floyd and hit her in the ribs and the face as Floyd and Mott rode in the backseat of the Millers’ car to Mott’s house.

The Millers dropped Floyd and Mott off at Mott’s house, and Floyd got into her car to leave. As she backed out of the driveway, her car window exploded in her face and showered her with glass. 2 Floyd quickly drove away, but stopped at a nearby QuikTrip to tend to her injuries. The Millers had also stopped at the QuikTrip, and Martha Miller went with Floyd into the QuikTrip bathroom. Soon Mott arrived at the QuikTrip and kicked the bathroom door open. He grabbed Floyd by her hair and said, “Let’s go, bitch, now.” Floyd went with Mott because she did not know what else to do. She did not think there was anyone that could help her and did not want to be hurt anymore. 3

She drove her car to Mott’s house, with Mott following closely behind her in his car. 4 Once they were inside Mott’s house, Mott continued to beat Floyd, and she lost consciousness a couple times. Mott got on top of her, choked her, and told her he was going to kill her. Later, under Mott’s orders, Floyd went to Mott’s bedroom and undressed because Mott said he was going to rape her and threatened to make her “suck his dick.” Instead of doing that, however, Mott unfolded a knife and threw it at Floyd twice. The first time the knife missed, but the second time the knife hit Floyd in her arm. Mott told her he was going to kill her and her children. Eventually Floyd lay down in bed, but she did not sleep. Mott got in bed next to her, but Floyd did not think he was sleeping.

The next morning Floyd heard people knock on the door four times, but Mott did not respond and ordered Floyd to lie still. Eventually Floyd persuaded Mott to let her leave to go to the hospital to get medical attention for her eye. She promised she would tell the hospital that she had been beaten up at QuikTrip and that she would not call the police. Floyd also promised she would return to Mott’s house, and she left her bag of clothes there. Floyd received treatment at the hospital for her scratched cornea, broken ribs, cuts, and other wounds. She did not tell the truth about what happened because she was scared of what Mott would do if she turned him in. Floyd’s family was eventually able to persuade her to call the police later in the evening of November 5, 2006.

On November 15, 2006, the State charged Mott with kidnapping in the first degree, attempted murder, and willful injury. 5 Mott insisted that he wanted to proceed pro se but would take an assistant as long as it was not someone from the public defender’s office. 6 The court, how *145 ever, appointed the public defender’s office to act as Mott’s standby counsel. On December 18, 2006, a hearing was held on the State’s request for a formal inquiry into Mott’s request to represent himself. After a lengthy colloquy, the court found Mott was aware of his right to be represented by an attorney and had made a knowing, intelligent, and voluntary waiver of that right. The public defender’s office was ordered to continue acting as standby counsel.

From January through May 2007, a number of problems arose during discovery and pretrial hearings. Mott uttered profanities and walked out of most hearings prematurely. Other times Mott was removed from the hearings. Mott was required to wear restraints while meeting with his counsel and during trial. During depositions, Mott used profanity, threatened the parties, and called the parties names. On several occasions Mott swore at the judge and called the judge names. The court eventually found Mott in contempt for his misconduct and ordered him to serve ninety days in jail. Throughout these months, Mott continued to complain about having to wear restraints and maintained that he wanted control over his defense. On May 2, 2007, at a hearing on pending motions and Mott’s pro se status, the court revoked Mott’s pro se status, appointed his standby counsel as counsel, and removed Mott from the hearing. The court found Mott in contempt for his conduct at the hearing and ordered him to serve 100 days in jail consecutive to the prior contempt sentence.

Trial began on May 21, 2006, and lasted several days. The court permitted Mott to write down questions he wanted his counsel to ask each witness. Mott’s testimony ended early when he made inappropriate comments. The court ordered Mott to be removed from the courtroom when he made comments during the State’s closing argument. On June 1, 2006, the jury returned verdicts finding Mott guilty of kidnapping in the first degree and assault causing bodily injury. 7 Mott again made inappropriate comments during the reading of the verdict and assaulted a detective as he was removed from the courtroom. 8 Mott was sentenced to serve the rest of his life in prison. 9 Mott now appeals.

II. Merits.

A. Sufficiency of the Evidence.

Mott argues there was insufficient evidence to support his conviction for kidnapping in the first degree.

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Cite This Page — Counsel Stack

Bluebook (online)
759 N.W.2d 140, 2008 Iowa App. LEXIS 1026, 2008 WL 4725281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mott-iowactapp-2008.