Opinion

State v. Monk

  • 514 N.W.2d 448
  • 1994 Iowa Sup. LEXIS 71
  • 1994 WL 94086
Court
Supreme Court of Iowa
Filed
Mar 23, 1994
Status
Published
Author
Carter
On the bench
Andreasen, Ternus, Carter, Snell, Neuman
Cited by
14 cases
Authority
More cited than 9.5%

“The holdings in State v. Pearson and State v. Monk have transformed our sex abuse statutes into general assault statutes where the 14 assault has some effect on the reproductive or excretory organs of the victim or defendant.”

How later courts described this case

  • “The holdings in State v. Pearson and State v. Monk have transformed our sex abuse statutes into general assault statutes where the 14 assault has some effect on the reproductive or excretory organs of the victim or defendant.”

Written by the judges who cited it.

The opinion

CARTER, Justice

(dissenting).

In deciding this case, I would apply the criteria that I suggest in my dissent in State v. Pearson, 514 N.W.2d 452 (1994) (filed this date). However, in applying either that test or the majority’s criteria in the Pearson case, I believe that the defendant was entitled to a directed verdict of acquittal.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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