GUILTY IA - Mollie Tibbetts, 20, found deceased, Poweshiek County, 19 Jul 2018 *Arrest* #51

[FrostedGlass]

The appeal:
Iowa Courts Online Search
Appellate Court case search > Docket # 20-0107
Docket
Short Title: State v. Rivera
Docket No.: 20-0107

Date of Filing
03/27/2020
PROCEDENDO CLERK OF SUPREME COURT
03/06/2020
ORDER: CONFIRMED BY THREE-JUSTICE PANEL APPEL HON. BRENT R.
Comments: order denying discretionary review is confirmed
02/28/2020
RESISTANCE CMELIK KEVIN
Comments: Resistance to Motion for 3-Justice Review
02/14/2020
MOTION FOR 3-JUDGE REVIEW FRESE CHAD
02/04/2020
ORDER: APPL. FOR DISCRETIONARY REVIEW DENIED MANSFIELD HON. EDWARD M.
Comments: request for stay denied, motion to strike application for overlength attachments denied
01/27/2020
RESISTANCE CMELIK KEVIN
Comments: Resistance to Application for Interlocutory Review
01/22/2020
MOTION FOR STAY FRESE CHAD
Comments: Application for Stay of Proceedings and Supplement for Discretionary Review of Interlocutory Order
01/22/2020
ORDER: CLERK OF SUPREME COURT
Comments: any response to application for discretionary review to be filed by noon on 1-27-2020
01/21/2020
APPLICATION FILING FEE PAID FRESE JENNIFER JO
Comments: Receipt number 33998.
01/19/2020
APPLICATION FOR DISCRETIONARY REVIEW FRESE JENNIFER JO

 

[FrostedGlass]

Iowa's appeal process is very different from Indiana's. Maybe someone can step in and confirm this is headed to the Supreme Court (or not).

This sounds interesting but I'm clueless as to what it pertains to.
"Application for Stay of Proceedings and Supplement for Discretionary Review of Interlocutory Order"

 

[PommyMommy]

The appeal:
Iowa Courts Online Search
Appellate Court case search > Docket # 20-0107
Docket
Short Title: State v. Rivera
Docket No.: 20-0107

Date of Filing
03/27/2020
PROCEDENDO CLERK OF SUPREME COURT
03/06/2020
ORDER: CONFIRMED BY THREE-JUSTICE PANEL APPEL HON. BRENT R.
Comments: order denying discretionary review is confirmed
02/28/2020
RESISTANCE CMELIK KEVIN
Comments: Resistance to Motion for 3-Justice Review
02/14/2020
MOTION FOR 3-JUDGE REVIEW FRESE CHAD
02/04/2020
ORDER: APPL. FOR DISCRETIONARY REVIEW DENIED MANSFIELD HON. EDWARD M.
Comments: request for stay denied, motion to strike application for overlength attachments denied
01/27/2020
RESISTANCE CMELIK KEVIN
Comments: Resistance to Application for Interlocutory Review
01/22/2020
MOTION FOR STAY FRESE CHAD
Comments: Application for Stay of Proceedings and Supplement for Discretionary Review of Interlocutory Order
01/22/2020
ORDER: CLERK OF SUPREME COURT
Comments: any response to application for discretionary review to be filed by noon on 1-27-2020
01/21/2020
APPLICATION FILING FEE PAID FRESE JENNIFER JO
Comments: Receipt number 33998.
01/19/2020
APPLICATION FOR DISCRETIONARY REVIEW FRESE JENNIFER JO

This is not an appeal of CBR's murder conviction. Prior to the trial, the defense asked the Iowa Supreme Court to review the district judge's decision regarding evidence suppression.

JAN 21, 2020
Mollie Tibbetts case: Defense look to reverse judge's decision to deny evidence suppression
The man accused of murdering University of Iowa student Mollie Tibbetts is asking that the Supreme Court review a judge’s decision to deny his evidence suppression request and that his trial be delayed after an unidentified set of fingerprints and blood were discovered at one of the crime scenes.

Defense asks Mollie Tibbetts murder trial be delayed over blood and fingerprint evidence | The Gazette
The defense also asked, in a motion filed Tuesday, for the Iowa Supreme Court to review a district judge's decision allowing crucial evidence at trial that the defendant previously sought to suppress.

According to the motion, defendant Cristhian Bahena Rivera's attorneys asked to postpone the Feb, 4 trial to give the defense time to depose new witnesses called by the state, including Tibbetts' boyfriend, Dalton Jack, who has since joined the military and been deployed to the Middle East.

Interlocutory Appeal | Practical Law (westlaw.com)
A party's application to an appellate court challenging a non-final trial court order that decides an issue but does not result in final judgment. Whether a non-final trial court order can be appealed depends upon the rules of the particular jurisdiction. The authority of courts in some jurisdictions to hear interlocutory appeals is very broad whereas in others, such as federal court, the authority is limited.

 

[FrostedGlass]

This is not an appeal of CBR's murder conviction. Prior to the trial, the defense asked the Iowa Supreme Court to review the district judge's decision regarding evidence suppression.

JAN 21, 2020
Mollie Tibbetts case: Defense look to reverse judge's decision to deny evidence suppression
The man accused of murdering University of Iowa student Mollie Tibbetts is asking that the Supreme Court review a judge’s decision to deny his evidence suppression request and that his trial be delayed after an unidentified set of fingerprints and blood were discovered at one of the crime scenes.

Defense asks Mollie Tibbetts murder trial be delayed over blood and fingerprint evidence | The Gazette
The defense also asked, in a motion filed Tuesday, for the Iowa Supreme Court to review a district judge's decision allowing crucial evidence at trial that the defendant previously sought to suppress.

According to the motion, defendant Cristhian Bahena Rivera's attorneys asked to postpone the Feb, 4 trial to give the defense time to depose new witnesses called by the state, including Tibbetts' boyfriend, Dalton Jack, who has since joined the military and been deployed to the Middle East.

Interlocutory Appeal | Practical Law (westlaw.com)
A party's application to an appellate court challenging a non-final trial court order that decides an issue but does not result in final judgment. Whether a non-final trial court order can be appealed depends upon the rules of the particular jurisdiction. The authority of courts in some jurisdictions to hear interlocutory appeals is very broad whereas in others, such as federal court, the authority is limited.

Thanks for the explanation. If we do that in Indiana, I haven't seen a case like that yet.

So this is just the Supreme Court saying it's done and to proceed with the case?

03/27/2020
PROCEDENDO CLERK OF SUPREME COURT

 

[Seattle1]

Thanks for the explanation. If we do that in Indiana, I haven't seen a case like that yet.

So this is just the Supreme Court saying it's done and to proceed with the case?

03/27/2020
PROCEDENDO CLERK OF SUPREME COURT

I watched two full days of the suppression hearings and they only served to delay the trial. The defense entered the defendant's testimony via his deposition and when they wanted to challenge the court's decision, this meant the prosecution would be allowed to cross-examine the defendant under oath.

In other words, the strategy backfired on the defense as there was no way they were going to put him on the stand.

Afterward (i.e., post-conviction), I wondered if it wasn't the defense (not the defendant) that didn't want him to be cross-examined. Perhaps they were afraid he would bring up the sweater-wearing Ninjas that they were saving for the trial! JMO

 

[Seattle1]

I also followed the federal arrest, conviction, and the recent sentencing last week of James Lowe. He was brought up in this case by the defense at their last-minute hearing (alleging prosecution withheld evidence) of an alternative suspect that allegedly had a flophouse (where the Ninjas could have hidden out).

I posted about JL in the missing person thread of then 10 yr old Xavior Harrelson of Montezuma, IA that vanished on the date CBR was convicted.

Found Deceased - IA - Xavior Harrelson, 10, neighbor reported X missing, Montezuma, 27 May 2021 #2

 

[PommyMommy]

JUL 18, 2022

Mollie Tibbetts' legacy lives on, four years after disappearance

Four years ago Monday, on July 18, 2018, University of Iowa student Mollie Tibbetts went missing while jogging in her hometown of Brooklyn and never returned.

www.kimt.com

[...]

Family, friends, and the Brooklyn community continue to celebrate Tibbetts' life and honor her legacy with Mollie's Memorial Run every year in September.

The group Mollie's Movement has also honored her legacy by raising awareness on other missing people. The group worked to help spread awareness and find 11-year-old Xavior Harrelson, who also went missing from Poweshiek County in 2021. His body was found in September, but no arrests have been made in the case.

A memorial fund named after Mollie Tibbetts goes to youth struggling with mental health at the University of Iowa Stead Family Children's Hospital, as it was Mollie's goal to become a child psychologist.

 

[PrairieWind]

Thanks for the post PommyMommy. She was a wonderful young woman, lost to such a totally senseless crime.

 

[PommyMommy]

JUL 18, 2023

Family remembers Mollie Tibbetts five years after her death with 'Miles for Mollie'

Tuesday marked five years since Mollie Tibbetts went missing in Iowa while on a run in Brooklyn.

www.ketv.com

This summer, Mollie's cousin is encouraging people to run in her honor in a movement she calls "Miles for Mollie."

Cousin of Mollie Tibbetts organizes walk, run on 5-year anniversary of her disappearance

Tuesday marks five years since the disappearance of Mollie Tibbetts.

www.kcrg.com

In remembrance of Tibbetts, her cousin is encouraging people to walk or run a mile for Mollie.

Cousin of Mollie Tibbetts organizes walk, run on 5-year anniversary of her disappearance

In remembrance of Tibbetts, her cousin — Morgan Collum — encouraged people to walk or run a mile for Mollie.

www.kcci.com

In a Facebook post, Collum announced people could gather in front of BGM High School in Brooklyn Tuesday evening. More than 100 people did show up for Mollie, who was loved throughout the town.

"Everybody always talks about, 'Oh, who's your person? Your kindred spirit? Your pea and pod kind of thing?'" Collum said. "Mollie was that person for me."

Collum refers to Mollie as her little sister, who was often by her side and vice versa.

Miles for Mollie celebrates life of Mollie Tibbetts on anniversary of her death

BROOKLYN, IOWA — On July 18th, 2018, Mollie Tibbetts stepped onto the streets of her hometown of Brooklyn, Iowa for an evening jog. She never returned home. The 20-year-old was abducted and k…

who13.com

On Tuesday, Mollie’s family, friends and more are marking the anniversary of her disappearance and death by carrying on one of her favorite activities – going for a run.

 

[Seattle1]

"Everybody always talks about, 'Oh, who's your person? Your kindred spirit? Your pea and pod kind of thing?'" Collum said. "Mollie was that person for me."

^^rsbm

This hurts and I'm so sorry for Morgan Collum. It's hard to be left behind.

 

[StarryStarryNight]

This is one of my favorite pictures of Mollie. There was such happiness in this photo. RIP Mollie.

 

[ifindedout]

Cristhian Bahena Rivera loses appeal of murder conviction in 2018 death of Mollie Tibbetts

The former dairy farm worker convicted of murdering 20-year-old college student Mollie Tibbetts has lost his appeal.

lawandcrime.com

The defense previously lost out on a motion for a new trial and they lost on their appeal Wednesday after raising evidence suppression and discovery violation issues.

The Iowa Court of Appeals was clear that the trial court “properly found statements Bahena made to police before an immigration detainer was placed on Bahena occurred when he was not in custody” and that the convicted killer “voluntarily waived his Miranda rights following the discovery of Tibbetts’s body.”

We determine the warnings Officer Romero gave Bahena complied with Miranda. While there were a few grammatical mistakes—she informed Bahena that he had “the right to remain silence” and that an attorney “will be assign to you without charge”—the grammatical errors do not rob the warnings of their meaning. Officer Romero also advised, “You also have the right to, uh . . . want to talk to me, anything that you say could be use against you.” Bahena contends this part of the warning was inadequate because it failed to inform him that his admissions could be used against him in court. But law enforcement need not clarify Bahena’s rights to that level of specificity. See United States v. Castor-Higuero, 473 F.3d 880, 886 (8th Cir. 2007) (finding the omission of “in court” in a Spanish translation of Miranda rights did not invalidate the warnings). We conclude the warnings Officer Romero provided to Bahena after the discovery of the body adequately advised him of his Miranda rights. And Bahena confirmed he understood the rights after Officer Romero provided them.

Full decision (26 pages, 195 KB)
https://s3.documentcloud.org/documents/24028550/cristhian-bahena-rivera-loses-appeal.pdf

 

[Seattle1]

The defense previously lost out on a motion for a new trial and they lost on their appeal Wednesday after raising evidence suppression and discovery violation issues.

The Iowa Court of Appeals was clear that the trial court “properly found statements Bahena made to police before an immigration detainer was placed on Bahena occurred when he was not in custody” and that the convicted killer “voluntarily waived his Miranda rights following the discovery of Tibbetts’s body.”



Full decision (26 pages, 195 KB)
https://s3.documentcloud.org/documents/24028550/cristhian-bahena-rivera-loses-appeal.pdf

Can't blame the defense for trying to show cause for their client but what a feeble argument!

It's a fact that there are words in English for which there is no Spanish word but not being able to convert the Miranda warning verbatim is not the equivalent of not being able to translate the intent of the Miranda warning. Another imposition on taxpayer dollars being misspent. JMO

 

[mickey2942]

Disgusted by the entire trial. And the government is paying for attorneys for his appeal. His victim didn't have any rights at all or appeal. And the entire trial was a travesty.

 

[imstilla.grandma]

 

[PommyMommy]

Sep 30, 2023
University of Iowa college student Mollie Tibbetts vanished while jogging near her home in July 2018. Her boyfriend, who was out of town, last heard from her in the evening over a Snapchat conversation. One month later, Tibbetts’ body was found in a cornfield with her clothes scattered about. Find out who killed Mollie Tibbetts on this episode of “Killer Cases.”