Discussion:
The Blacklist
(too old to reply)
eohoe
2018-02-01 01:52:18 UTC
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Raw Message
http://eohoe.tripod.com/micro.htm

--

Abrahamic religions are Pharaonic co-option schemes
marston shores
2018-02-02 22:16:42 UTC
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Raw Message
Post by eohoe
http://eohoe.tripod.com/micro.htm
You are nucking futs! Call Rev. Larson to have your demons cast out,
before it's too late.
eohoe
2018-02-03 08:09:39 UTC
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Raw Message
Post by marston shores
Post by eohoe
http://eohoe.tripod.com/micro.htm
You are nucking futs! Call Rev. Larson to have your demons cast out,
before it's too late.
I'm a targeted individual who's pulled back the curtain on the ongoing
Psychotronic Dictatorship. You're obviously some kind of stooge who's
operating under the cover of some exorcist.

You're a LIAR and a LIBELER, now get the hell out of my threads.

Remember: J=RAY

--

Abrahamic religions are Pharaonic co-option schemes
BDK
2018-02-03 14:31:39 UTC
Permalink
Raw Message
Post by eohoe
Post by marston shores
Post by eohoe
http://eohoe.tripod.com/micro.htm
You are nucking futs! Call Rev. Larson to have your demons cast out,
before it's too late.
I'm a targeted individual who's pulled back the curtain on the ongoing
Psychotronic Dictatorship. You're obviously some kind of stooge who's
operating under the cover of some exorcist.
The "Psychotronic Dictatorship" that only seems to dictate to one
person, you?
Post by eohoe
You're a LIAR and a LIBELER, now get the hell out of my threads.
Again trying to play Internet Tough Guy. You can't really pull it off.
Post by eohoe
Remember: J=RAY
We remember that you're batshit crazy. The J=Ray stuff is part of your
illness.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
marston shores
2018-02-03 22:26:14 UTC
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Raw Message
Post by eohoe
You're a LIAR and a LIBELER,
Your demons make you lie.
Post by eohoe
now get the hell out of my threads.
Make me, homo!
eohoe
2018-02-04 00:48:43 UTC
Permalink
Raw Message
Post by marston shores
Post by eohoe
You're a LIAR and a LIBELER,
Your demons make you lie.
Post by eohoe
now get the hell out of my threads.
Make me, homo!
Well, we can add that to the list of your LIES and LIBELS. Does Bob
Larson know of your activity on his behalf because if he does and allows
you to continue using his name he's going to be responsible for your
LIBELS as well and when the 1st royalty check rolls in from the oil
patch there's a good chance you'll be hearing from my attorneys. Capiche?

I see where Rev Larson is going to be in Seattle on the 16th to do his
little exorcism routine. Since a goodly number of people who might
think they are Demonically possessed are actually under Psychotronic
assault, and that's the scam isn't it, I would suggest an alternative
approach.

The Psychotronic dictatorship is under the auspices of World Zionism and
that is the entity that must be brought to task for this hideous evil.

So, those of you who think they might be targeted individuals I would
suggest that you'll find your patron Saint in St. Olga, Equal to the
Apostles.

Notice the memorial to St Olga in Kiev where St Andrew is holding the
microwave symbol "J":

Loading Image...

Also, she's the mother of Sviatoslav I the conqueror of Khazaria who put
the route to the Jewish kingdom and one of the reasons for the Jewish
'payback' in the form of the Psychotronic dictatorship.

Not the least of all, she's my Great Grandmother, some 30 times removed.


So, you think you're being targeted, appeal to St Olga:

Loading Image...

"Mother Olga, pray for us"
KWills Shill #3
2018-02-04 10:41:13 UTC
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Raw Message
Post by eohoe
Post by marston shores
Post by eohoe
You're a LIAR and a LIBELER,
Your demons make you lie.
Post by eohoe
now get the hell out of my threads.
Make me, homo!
Well, we can add that to the list of your LIES and LIBELS.
Projecting his homosexuality seems to be Marston's newest "go to"
in regards to insults. And Marston has given reason to suspect he is
as mentally ill as you present yourself to be.
Post by eohoe
Does Bob
Larson know of your activity on his behalf because if he does and allows
you to continue using his name he's going to be responsible for your
LIBELS as well and when the 1st royalty check rolls in from the oil
patch there's a good chance you'll be hearing from my attorneys. Capiche?
So, he will never hear from them.
Go ahead and make the same empty threat against me. You've been
do so for so long, I doubt anyone believes it now. Presuming anyone
believed it to begin with.
Post by eohoe
I see where Rev Larson is going to be in Seattle on the 16th to do his
little exorcism routine. Since a goodly number of people who might
think they are Demonically possessed are actually under Psychotronic
assault, and that's the scam isn't it, I would suggest an alternative
approach.
Like demons, Psychotronic assault is not real. It's a part of the
mental illness you've so well documented here and on your web site.
Post by eohoe
The Psychotronic dictatorship is under the auspices of World Zionism and
that is the entity that must be brought to task for this hideous evil.
You may believe such an entity exists, but in reality, it does
not.
Post by eohoe
So, those of you who think they might be targeted individuals I would
suggest that you'll find your patron Saint in St. Olga, Equal to the
Apostles.
Notice the memorial to St Olga in Kiev where St Andrew is holding the
https://sovereignukraine.files.wordpress.com/2015/08/21-st-olha-3.jpg
I see he has a shepherd's cane. There is no letter J.
Post by eohoe
Also, she's the mother of Sviatoslav I the conqueror of Khazaria who put
the route to the Jewish kingdom and one of the reasons for the Jewish
'payback' in the form of the Psychotronic dictatorship.
Not the least of all, she's my Great Grandmother, some 30 times removed.
But, of course, there is no evidence of any sort for the claim.
You are free to prove me wrong by offering the VALID, VERIFIABLE
evidence that she is what you claim.
Post by eohoe
https://i.pinimg.com/236x/d5/91/9f/d5919faa9893b33c7fb7276028319a56--olga-of-kiev-digital-collage.jpg
Neat. She has demonic glowing red eyes!
Post by eohoe
"Mother Olga, pray for us"
Interesting. You hold the Christian mythos is fake, yet promote
it as being valid. How do you justify these conflicting views?
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
Loading Image...
All hail the taco! http://www.taconati.org/
marston shores
2018-02-04 18:49:43 UTC
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Raw Message
Post by KWills Shill #3
Projecting his homosexuality
I'm no homo, sinner!
marston shores
2018-02-04 18:48:11 UTC
Permalink
Raw Message
Post by eohoe
Post by marston shores
Post by eohoe
now get the hell out of my threads.
Make me, homo!
Well, we can add that to the list of your LIES and LIBELS.
I do neither, homo!
KWills Shill #3
2018-02-04 21:18:25 UTC
Permalink
Raw Message
Post by marston shores
Post by eohoe
Post by marston shores
Post by eohoe
now get the hell out of my threads.
Make me, homo!
Well, we can add that to the list of your LIES and LIBELS.
I do neither, homo!
There is nothing to support a claim that Allen is gay. But what
if he is? Why would it matter?

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
marston shores
2018-02-08 06:23:47 UTC
Permalink
Raw Message
Post by KWills Shill #3
There is nothing to support a claim that Allen is gay.
You homos always support each other!

Are you serious?

http://www.iowacourts.state.ia.us
http://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )

http://www.doc.state.ia.us/InmateInfo.asp?OffenderCd=1155768

Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD = Tentative Discharge Date * SDD = Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003

http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-0202.asp?search=+Kent+Wills+#_1


IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005

STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.

Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.

Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.

WIGGINS, Justice.

Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills' trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.

I. Background Facts and Proceedings.

Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident's neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor's residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor's attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor's
driveway.

The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner's daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor's parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.

The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.

The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.

II. Scope of Review.

Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills' ineffective-
assistance-of-counsel claims on direct appeal.

In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when "there is a reasonable probability that, but
for the counsel's unprofessional errors, the result of the proceeding
would have been different." State v. Hopkins, 576 N.W.2d 374, 378
(Iowa 1998) (quoting Strickland, 466 U.S. at 694, 104 S. Ct. at 2068,
80 L. Ed. 2d at 698). Wills' arguments also raise issues of statutory
interpretation, which we review for correction of errors at law.
State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004).

III. Analysis.

To find Wills guilty of burglary in the second degree, the State had
to prove Wills perpetrated a burglary "in or upon an occupied
structure in which one or more persons are present . . . ." Iowa Code
§ 713.5(2) (2003) (emphasis added).

In this appeal, Wills first contends his trial counsel was ineffective
for failing to move for a judgment of acquittal on the basis there was
insufficient evidence to support a finding that at the time Wills
entered the garage, there were persons present in or upon the occupied
structure. Wills concedes the garage was an occupied structure, but
argues the living quarters and the attached garage are separate and
independent occupied structures; therefore, the jury could not have
found there were people present in the attached garage at the time of
the burglary.

The Code defines an "occupied structure" as:

[A]ny building, structure, appurtenances to buildings and structures,
land, water or air vehicle, or similar place adapted for overnight
accommodation of persons, or occupied by persons for the purpose of
carrying on business or other activity therein, or for the storage or
safekeeping of anything of value. Such a structure is an "occupied
structure" whether or not a person is actually present.

Id. § 702.12.

Wills relies on State v. Smothers, 590 N.W.2d 721 (Iowa 1999), to
argue the garage and the living quarters are separate and independent
occupied structures. In Smothers, two separate and distinct
businesses connected by interior fire doors were operated in the same
structure. 590 N.W.2d at 723. We held the defendant committed two
burglaries by entering each business because "[t]he facility's
construction history and physical make-up demonstrate that the
portions are independent working units which constitute '[a]
combination of materials to form a construction for occupancy [or]
use.'" Id. Smothers is not at odds with the present case because the
living quarters and the garage are not separate or independent units
of the residence.

Our review of the record reveals the garage in question was a three-
car attached garage separated from the living quarters by a door. The
same roof covered the garage as the rest of the residence. The living
quarters surrounded the garage on two sides. It was structurally no
different from any other room in the residence.

The garage was a functional part of the residence. On the night of
the incident, the door was unlocked. The owner of the residence used
two stalls in the garage to park the family vehicles. The owner used
the third stall for his motorcycle. As such, the garage and the
living quarters are a single "structure" or "building" functioning as
an integral part of the family residence. Thus, the residence
including the garage is a single "occupied structure" under section
702.12. See, e.g., People v. Ingram, 48 Cal. Rptr. 2d 256 (Ct. App.
1995) (holding defendant's entry into an attached garage constituted
first-degree burglary because the garage was attached to the house;
therefore, burglary of the garage was burglary of an inhabited
dwelling house); People v. Cunningham, 637 N.E.2d 1247, 1252 (Ill.
App. Ct. 1994) (holding "ordinarily an attached garage is a 'dwelling'
because it is part of the structure in which the owner or occupant
lives"); State v. Lara, 587 P.2d 52, 53 (N.M. Ct. App. 1978) (holding
"burglary of the [attached] garage was burglary of the dwelling house
because the garage was a part of the structure used as living
quarters"); People v. Green, 141 A.D.2d 760, 761 (N.Y. App. Div. 1988)
(holding "[s]ince the garage in the present case was structurally part
of a building which was used for overnight lodging of various persons,
it must be considered as part of a dwelling"); White v. State, 630 S.W.
2d 340, 342 (Tex. Ct. App. 1982) (holding an attached garage under the
same roof as the home would be considered a habitation within the
purview of the penal code because the garage is a structure
appurtenant to and connected to the house); State v. Murbach, 843 P.2d
551, 553 (Wash. Ct. App 1993) (holding the definition of a dwelling
under Washington's burglary statute included an attached garage).

Had Wills' trial counsel moved for a judgment of acquittal on the
basis there was insufficient evidence to support a finding that at the
time Wills entered the garage there were no persons present in or upon
the occupied structure, it would have been overruled by the court
because the owner and his family were present in the residence at the
time of the burglary.

Wills also claims his counsel was ineffective for failing to object to
the jury instruction used by the district court on the same ground;
that the living quarters were a separate and independent occupied
structure from the attached garage. The instruction as given stated:

The State must prove all of the following elements of Burglary in the
Second Degree as to Count I:

1. On or about the 12th day of August, 2003, the defendant or someone
he aided and abetted broke into or entered the residence at . . . .

2. The residence at . . . was an occupied structure as defined in
Instruction No. 29.

3. The defendant or the person he aided and abetted did not have
permission or authority to break into the residence at . . . .

4. The defendant or the person he aided and abetted did so with the
specific intent to commit a theft therein.

5. During the incident persons were present in or upon the occupied
structure.

If the State has proved all of the elements, the defendant is guilty
of Burglary in the Second Degree. If the State has failed to prove
any of the elements, the defendant is not guilty of Burglary in the
Second Degree and you will then consider the charge of Attempted
Burglary in the Second Degree explained in Instruction No. 21.

(Emphasis added.)

Wills' claim is without merit. As we have discussed, the residence is
the one and only "occupied structure" under the facts of this case.
Had Wills' trial counsel made this objection to the instruction, it
would have been overruled.

Therefore, Wills' trial counsel is not ineffective for failing to move
for a judgment of acquittal or objecting to the instruction because
there was no legal basis for the motion or objection. See State v.
Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was
not ineffective for failing to raise an issue that has no merit).

IV. Disposition.

We affirm the judgment of the district court because Wills' trial
counsel was not ineffective for failing to raise meritless issues.

AFFIRMED.
KWills Shill #3
2018-02-08 10:31:33 UTC
Permalink
Raw Message
Post by marston shores
Post by KWills Shill #3
There is nothing to support a claim that Allen is gay.
You homos always support each other!
I know I am not gay. I don't actually KNOW Allen's sexual
orientation, but he's never posted anything that would support a claim
of his being gay. In fact, I'm certain one of the "aims" of his is the
abolishment of homosexuality. I don't know how he expects to go about
realizing this.
But what if he is? Why would it matter? Sexual orientation has
nothing to do with anything he's posted.
Homosexuality seems to be your latest hang up.

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
marston shores
2018-02-13 06:15:16 UTC
Permalink
Raw Message
Post by KWills Shill #3
I know I am not gay.
I say you are. That proves it, fiend!
BDK
2018-02-13 21:06:31 UTC
Permalink
Raw Message
Post by marston shores
Post by KWills Shill #3
I know I am not gay.
I say you are. That proves it, fiend!
You are hardly a source of truth. Kind of the exact opposite.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
eohoe
2018-02-12 21:10:03 UTC
Permalink
Raw Message
Post by marston shores
Post by eohoe
Post by marston shores
Post by eohoe
now get the hell out of my threads.
Make me, homo!
Well, we can add that to the list of your LIES and LIBELS.
I do neither, homo!
You might want to take a look at the definition of LIBEL since you are
so fanatical about your ad hominem attacks which exceed the boundaries
of TRUTH and exist only in your perverse and twisted little mind.

If and when I sic my attorneys on you I'm going to be asking for an
apology, a retraction and say something along the order of $10,000 to be
donated to the charity of my choosing and of course all court costs.

You might want to pour a bucket of cold water over your Hot Head before
posting more of your LIES and FABRICATIONS.
marston shores
2018-02-13 06:11:30 UTC
Permalink
Raw Message
Post by eohoe
You might want to take a look at the definition of LIBEL
I only post the truth, homo fiend!
KWills Shill #3
2018-02-13 10:12:34 UTC
Permalink
Raw Message
Post by marston shores
Post by eohoe
You might want to take a look at the definition of LIBEL
I only post the truth, homo fiend!
You rarely post the truth.
Why are you OBSESSED with his sexual orientation? It's almost as
if you hope he is gay. Do you have a crush on him?

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
eohoe
2018-02-14 13:10:55 UTC
Permalink
Raw Message
Post by marston shores
Post by eohoe
You might want to take a look at the definition of LIBEL
I only post the truth, homo fiend!
If and when my 1st royalty check arrives from the oil patch I'll be
rolling in the dough and a portion of that will go to my attorneys to
sue your ass for LIBEL. It's a slam dunk, MORON!

--

Abrahamic religions are Pharaonic co-option schemes
e***@hotmail.com
2018-02-14 15:31:29 UTC
Permalink
Raw Message
BDK, do you know who eohoe is? His actual name, address and occupation?

I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.

Eohoe has to show your comments caused him direct damage. If we don’t know his actual identity, then nothing that’s said here affects his life outside this ng.

Further, newsgroups are, for the most part, dead. The media’s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the nym “eohoe.”

I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
BDK
2018-02-14 18:45:12 UTC
Permalink
Raw Message
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the nym
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
eohoe
2018-02-15 01:18:41 UTC
Permalink
Raw Message
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the nym
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'

That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.

So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
KWills Shill #3
2018-02-15 10:26:14 UTC
Permalink
Raw Message
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the nym
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
When, in reality please, has BDK posted to misc.legal?
Please include the MID and/or archive link to at least one such
post. Note, cross posts from another group will not count. And you
must keep your answer within the realm of reality.

[Cue avoidance games]
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
You really gotta STOP eating k00k loops for breakfast.
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
There was, and is, no "Hyena Pack." That was the name of the
lesser conspiracy Greg claimed was out to get him. On occasion, it was
affiliated with "Witch Hunt," the main conspiracy.
But you already know this. You're just unable to be honest about
it.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
BDK
2018-02-16 19:30:34 UTC
Permalink
Raw Message
Post by KWills Shill #3
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the
nym
Post by KWills Shill #3
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
When, in reality please, has BDK posted to misc.legal?
Never.
Post by KWills Shill #3
Please include the MID and/or archive link to at least one such
post. Note, cross posts from another group will not count. And you
must keep your answer within the realm of reality.
If he can do that, he's a wizard.
Post by KWills Shill #3
[Cue avoidance games]
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
You really gotta STOP eating k00k loops for breakfast.
Seems like he eats them every meal.
Post by KWills Shill #3
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
There was, and is, no "Hyena Pack." That was the name of the
lesser conspiracy Greg claimed was out to get him. On occasion, it was
affiliated with "Witch Hunt," the main conspiracy.
But you already know this. You're just unable to be honest about
it.
Looks like I missed some decent entertainment.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
KWills Shill #3
2018-02-17 10:11:16 UTC
Permalink
Raw Message
Post by BDK
Post by KWills Shill #3
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the
nym
Post by KWills Shill #3
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
When, in reality please, has BDK posted to misc.legal?
Never.
I know. I was a regular in the group for years. Had you posted, I
would remember.
Put simply, Allen lied. Again.
Post by BDK
Post by KWills Shill #3
Please include the MID and/or archive link to at least one such
post. Note, cross posts from another group will not count. And you
must keep your answer within the realm of reality.
If he can do that, he's a wizard.
Post by KWills Shill #3
[Cue avoidance games]
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
You really gotta STOP eating k00k loops for breakfast.
Seems like he eats them every meal.
And mid-day snacks as well.
Post by BDK
Post by KWills Shill #3
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
There was, and is, no "Hyena Pack." That was the name of the
lesser conspiracy Greg claimed was out to get him. On occasion, it was
affiliated with "Witch Hunt," the main conspiracy.
But you already know this. You're just unable to be honest about
it.
Looks like I missed some decent entertainment.
It was odd. There was Ken Pangborn who claimed a MASSIVE
COALITION FORCE (all caps, his), headed by David Moore, was messing
with him. And anyone who agreed with David was a part of the Massive
Coalition Force.
David used an anonymous re-mailer, but always made sure everyone
could tell it was him posting. He used the same E-mail address and PGP
signed all of his posts.
Of course, Ken believed anyone using an anonymous re-mailer was
David. I'm not sure if I should be ashamed or proud, but I used one
once to test Ken's belief. Of course it was David. Even after I openly
admitted it was me, it was still David.
In a futile attempt to ruin David's credibility, Ken claimed
David was a racist and a member of a White Power group. Sometimes the
local KKK chapter. If not for David being happily married to a woman
who fits perfectly into the "black" demographic, it *might* have
worked.
Greg claimed there was a conspiracy named Witch Hunt that was out
to get him. It was behind his being placed on Iowa's Child Abuse
Registry (it's very likely his name has expired from the registry by
now). On a few occasions I was reported to be the head of the
conspiracy.
Hyena Pack would also get involved, though it wasn't as active.
It seemed that Moe and I were the only members of it most of the time.
Although Kevin (TNKev) was a member for a few weeks.
Messing with Greg was embarrassingly easy. When David and I
announced that we, along with our wives and children, would be in
Aruba at the same time, Greg tried to make it seem like we would be
having a gay relationship. He wrote, "Be sure to bring your
raincoats."
The meaning was obvious, but I pointed out that Aruba is a desert
island with less than one inch of rain a year in Oranjestad. He had a
bit of a melt down. I don't know if he ever did realize what I was
doing.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
BDK
2018-02-17 15:20:17 UTC
Permalink
Raw Message
Post by KWills Shill #3
Post by BDK
Post by KWills Shill #3
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under
the
Post by KWills Shill #3
Post by BDK
nym
Post by KWills Shill #3
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
When, in reality please, has BDK posted to misc.legal?
Never.
I know. I was a regular in the group for years. Had you posted, I
would remember.
Put simply, Allen lied. Again.
Post by BDK
Post by KWills Shill #3
Please include the MID and/or archive link to at least one such
post. Note, cross posts from another group will not count. And you
must keep your answer within the realm of reality.
If he can do that, he's a wizard.
Post by KWills Shill #3
[Cue avoidance games]
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
You really gotta STOP eating k00k loops for breakfast.
Seems like he eats them every meal.
And mid-day snacks as well.
Post by BDK
Post by KWills Shill #3
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
There was, and is, no "Hyena Pack." That was the name of the
lesser conspiracy Greg claimed was out to get him. On occasion, it was
affiliated with "Witch Hunt," the main conspiracy.
But you already know this. You're just unable to be honest about
it.
Looks like I missed some decent entertainment.
It was odd. There was Ken Pangborn who claimed a MASSIVE
COALITION FORCE (all caps, his), headed by David Moore, was messing
with him. And anyone who agreed with David was a part of the Massive
Coalition Force.
David used an anonymous re-mailer, but always made sure everyone
could tell it was him posting. He used the same E-mail address and PGP
signed all of his posts.
Of course, Ken believed anyone using an anonymous re-mailer was
David. I'm not sure if I should be ashamed or proud, but I used one
once to test Ken's belief. Of course it was David. Even after I openly
admitted it was me, it was still David.
In a futile attempt to ruin David's credibility, Ken claimed
David was a racist and a member of a White Power group. Sometimes the
local KKK chapter. If not for David being happily married to a woman
who fits perfectly into the "black" demographic, it *might* have
worked.
Greg claimed there was a conspiracy named Witch Hunt that was out
to get him. It was behind his being placed on Iowa's Child Abuse
Registry (it's very likely his name has expired from the registry by
now). On a few occasions I was reported to be the head of the
conspiracy.
Hyena Pack would also get involved, though it wasn't as active.
It seemed that Moe and I were the only members of it most of the time.
Although Kevin (TNKev) was a member for a few weeks.
Messing with Greg was embarrassingly easy. When David and I
announced that we, along with our wives and children, would be in
Aruba at the same time, Greg tried to make it seem like we would be
having a gay relationship. He wrote, "Be sure to bring your
raincoats."
The meaning was obvious, but I pointed out that Aruba is a desert
island with less than one inch of rain a year in Oranjestad. He had a
bit of a melt down. I don't know if he ever did realize what I was
doing.
Cool! Sounds like comedy gold to me, GOLD!
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
marston shores
2018-02-18 13:45:14 UTC
Permalink
Raw Message
Post by BDK
Cool! Sounds like comedy gold to me, GOLD!
Greg was good for passing on information. And he knew people who could
help. Kenty has only himself to blame for all the attention.
KWills Shill #3
2018-02-18 17:15:37 UTC
Permalink
Raw Message
Post by marston shores
Post by BDK
Cool! Sounds like comedy gold to me, GOLD!
Greg was good for passing on information. And he knew people who could
help. Kenty has only himself to blame for all the attention.
Considering you've admitted that basically everything you post is
NOT about me, I'm not too worried.
You took advantage of Greg's mental illness. Feeding his belief
that there were conspiracies against him.

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
BDK
2018-02-19 05:42:02 UTC
Permalink
Raw Message
Post by marston shores
Post by BDK
Cool! Sounds like comedy gold to me, GOLD!
Greg was good for passing on information. And he knew people who could
help. Kenty has only himself to blame for all the attention.
Who is to blame for your insanity?
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
marston shores
2018-02-18 13:44:08 UTC
Permalink
Raw Message
Post by KWills Shill #3
I know.
Are you serious?

http://www.iowacourts.state.ia.us
http://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )

http://www.doc.state.ia.us/InmateInfo.asp?OffenderCd=1155768

Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD = Tentative Discharge Date * SDD = Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003

http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-0202.asp?search=+Kent+Wills+#_1


IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005

STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.

Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.

Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.

WIGGINS, Justice.

Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills' trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.

I. Background Facts and Proceedings.

Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident's neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor's residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor's attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor's
driveway.

The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner's daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor's parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.

The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.

The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.

II. Scope of Review.

Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills' ineffective-
assistance-of-counsel claims on direct appeal.

In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when "there is a reasonable probability that, but
for the counsel's unprofessional errors, the result of the proceeding
would have been different." State v. Hopkins, 576 N.W.2d 374, 378
(Iowa 1998) (quoting Strickland, 466 U.S. at 694, 104 S. Ct. at 2068,
80 L. Ed. 2d at 698). Wills' arguments also raise issues of statutory
interpretation, which we review for correction of errors at law.
State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004).

III. Analysis.

To find Wills guilty of burglary in the second degree, the State had
to prove Wills perpetrated a burglary "in or upon an occupied
structure in which one or more persons are present . . . ." Iowa Code
§ 713.5(2) (2003) (emphasis added).

In this appeal, Wills first contends his trial counsel was ineffective
for failing to move for a judgment of acquittal on the basis there was
insufficient evidence to support a finding that at the time Wills
entered the garage, there were persons present in or upon the occupied
structure. Wills concedes the garage was an occupied structure, but
argues the living quarters and the attached garage are separate and
independent occupied structures; therefore, the jury could not have
found there were people present in the attached garage at the time of
the burglary.

The Code defines an "occupied structure" as:

[A]ny building, structure, appurtenances to buildings and structures,
land, water or air vehicle, or similar place adapted for overnight
accommodation of persons, or occupied by persons for the purpose of
carrying on business or other activity therein, or for the storage or
safekeeping of anything of value. Such a structure is an "occupied
structure" whether or not a person is actually present.

Id. § 702.12.

Wills relies on State v. Smothers, 590 N.W.2d 721 (Iowa 1999), to
argue the garage and the living quarters are separate and independent
occupied structures. In Smothers, two separate and distinct
businesses connected by interior fire doors were operated in the same
structure. 590 N.W.2d at 723. We held the defendant committed two
burglaries by entering each business because "[t]he facility's
construction history and physical make-up demonstrate that the
portions are independent working units which constitute '[a]
combination of materials to form a construction for occupancy [or]
use.'" Id. Smothers is not at odds with the present case because the
living quarters and the garage are not separate or independent units
of the residence.

Our review of the record reveals the garage in question was a three-
car attached garage separated from the living quarters by a door. The
same roof covered the garage as the rest of the residence. The living
quarters surrounded the garage on two sides. It was structurally no
different from any other room in the residence.

The garage was a functional part of the residence. On the night of
the incident, the door was unlocked. The owner of the residence used
two stalls in the garage to park the family vehicles. The owner used
the third stall for his motorcycle. As such, the garage and the
living quarters are a single "structure" or "building" functioning as
an integral part of the family residence. Thus, the residence
including the garage is a single "occupied structure" under section
702.12. See, e.g., People v. Ingram, 48 Cal. Rptr. 2d 256 (Ct. App.
1995) (holding defendant's entry into an attached garage constituted
first-degree burglary because the garage was attached to the house;
therefore, burglary of the garage was burglary of an inhabited
dwelling house); People v. Cunningham, 637 N.E.2d 1247, 1252 (Ill.
App. Ct. 1994) (holding "ordinarily an attached garage is a 'dwelling'
because it is part of the structure in which the owner or occupant
lives"); State v. Lara, 587 P.2d 52, 53 (N.M. Ct. App. 1978) (holding
"burglary of the [attached] garage was burglary of the dwelling house
because the garage was a part of the structure used as living
quarters"); People v. Green, 141 A.D.2d 760, 761 (N.Y. App. Div. 1988)
(holding "[s]ince the garage in the present case was structurally part
of a building which was used for overnight lodging of various persons,
it must be considered as part of a dwelling"); White v. State, 630 S.W.
2d 340, 342 (Tex. Ct. App. 1982) (holding an attached garage under the
same roof as the home would be considered a habitation within the
purview of the penal code because the garage is a structure
appurtenant to and connected to the house); State v. Murbach, 843 P.2d
551, 553 (Wash. Ct. App 1993) (holding the definition of a dwelling
under Washington's burglary statute included an attached garage).

Had Wills' trial counsel moved for a judgment of acquittal on the
basis there was insufficient evidence to support a finding that at the
time Wills entered the garage there were no persons present in or upon
the occupied structure, it would have been overruled by the court
because the owner and his family were present in the residence at the
time of the burglary.

Wills also claims his counsel was ineffective for failing to object to
the jury instruction used by the district court on the same ground;
that the living quarters were a separate and independent occupied
structure from the attached garage. The instruction as given stated:

The State must prove all of the following elements of Burglary in the
Second Degree as to Count I:

1. On or about the 12th day of August, 2003, the defendant or someone
he aided and abetted broke into or entered the residence at . . . .

2. The residence at . . . was an occupied structure as defined in
Instruction No. 29.

3. The defendant or the person he aided and abetted did not have
permission or authority to break into the residence at . . . .

4. The defendant or the person he aided and abetted did so with the
specific intent to commit a theft therein.

5. During the incident persons were present in or upon the occupied
structure.

If the State has proved all of the elements, the defendant is guilty
of Burglary in the Second Degree. If the State has failed to prove
any of the elements, the defendant is not guilty of Burglary in the
Second Degree and you will then consider the charge of Attempted
Burglary in the Second Degree explained in Instruction No. 21.

(Emphasis added.)

Wills' claim is without merit. As we have discussed, the residence is
the one and only "occupied structure" under the facts of this case.
Had Wills' trial counsel made this objection to the instruction, it
would have been overruled.

Therefore, Wills' trial counsel is not ineffective for failing to move
for a judgment of acquittal or objecting to the instruction because
there was no legal basis for the motion or objection. See State v.
Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was
not ineffective for failing to raise an issue that has no merit).

IV. Disposition.

We affirm the judgment of the district court because Wills' trial
counsel was not ineffective for failing to raise meritless issues.

AFFIRMED.
eohoe
2018-02-18 05:39:30 UTC
Permalink
Raw Message
Post by BDK
Post by KWills Shill #3
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the
nym
Post by KWills Shill #3
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
When, in reality please, has BDK posted to misc.legal?
Never.
A search of misc.legal in GG shows you cross-posting to misc.legal as
far back as 2003.
Post by BDK
Post by KWills Shill #3
Please include the MID and/or archive link to at least one such
post. Note, cross posts from another group will not count. And you
must keep your answer within the realm of reality.
If he can do that, he's a wizard.
Call me a wizard then:

<***@news.giganews.com>

and this isn't even cross-posted and is less than three months ago,
you're really slipping.
Post by BDK
Post by KWills Shill #3
[Cue avoidance games]
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
What with Hyena K Wills from alt.fan.bob-larson teaming up with BDK on
alt.conspiracy along with assorted other characters it was a natch.
Post by BDK
Post by KWills Shill #3
You really gotta STOP eating k00k loops for breakfast.
Seems like he eats them every meal.
Post by KWills Shill #3
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
There was, and is, no "Hyena Pack." That was the name of the
lesser conspiracy Greg claimed was out to get him. On occasion, it was
affiliated with "Witch Hunt," the main conspiracy.
But you already know this. You're just unable to be honest about
it.
Looks like I missed some decent entertainment.
Well, you're just in time for some more decent entertaining. The BDK of
"Hyena Road" was named after you and he was a 'dirt bag', what do you
suppose that makes you?

BDK, the Immortal Dirtbag, kinda catchy, don'cha think?
KWills Shill #3
2018-02-18 09:52:41 UTC
Permalink
Raw Message
On Sat, 17 Feb 2018 21:39:30 -0800, eohoe <***@yahoo.com> wrote:

[...]
Post by eohoe
Post by BDK
Seems like he eats them every meal.
Post by KWills Shill #3
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
There was, and is, no "Hyena Pack." That was the name of the
lesser conspiracy Greg claimed was out to get him. On occasion, it was
affiliated with "Witch Hunt," the main conspiracy.
But you already know this. You're just unable to be honest about
it.
Looks like I missed some decent entertainment.
Well, you're just in time for some more decent entertaining. The BDK of
"Hyena Road" was named after you and he was a 'dirt bag', what do you
suppose that makes you?
Outside of your well documented mental illness, the two are not
connected. At no point did Greg claim, or even hint, that BDK was a
part of the conspiracy that was out to get him.
Post by eohoe
BDK, the Immortal Dirtbag, kinda catchy, don'cha think?
Only if one is truly mentally ill.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
marston shores
2018-02-18 13:46:27 UTC
Permalink
Raw Message
Post by KWills Shill #3
Outside of your well documented
Are you serious?

http://www.iowacourts.state.ia.us
http://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )

http://www.doc.state.ia.us/InmateInfo.asp?OffenderCd=1155768

Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD = Tentative Discharge Date * SDD = Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003

http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-0202.asp?search=+Kent+Wills+#_1


IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005

STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.

Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.

Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.

WIGGINS, Justice.

Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills' trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.

I. Background Facts and Proceedings.

Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident's neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor's residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor's attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor's
driveway.

The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner's daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor's parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.

The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.

The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.

II. Scope of Review.

Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills' ineffective-
assistance-of-counsel claims on direct appeal.

In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when "there is a reasonable probability that, but
for the counsel's unprofessional errors, the result of the proceeding
would have been different." State v. Hopkins, 576 N.W.2d 374, 378
(Iowa 1998) (quoting Strickland, 466 U.S. at 694, 104 S. Ct. at 2068,
80 L. Ed. 2d at 698). Wills' arguments also raise issues of statutory
interpretation, which we review for correction of errors at law.
State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004).

III. Analysis.

To find Wills guilty of burglary in the second degree, the State had
to prove Wills perpetrated a burglary "in or upon an occupied
structure in which one or more persons are present . . . ." Iowa Code
§ 713.5(2) (2003) (emphasis added).

In this appeal, Wills first contends his trial counsel was ineffective
for failing to move for a judgment of acquittal on the basis there was
insufficient evidence to support a finding that at the time Wills
entered the garage, there were persons present in or upon the occupied
structure. Wills concedes the garage was an occupied structure, but
argues the living quarters and the attached garage are separate and
independent occupied structures; therefore, the jury could not have
found there were people present in the attached garage at the time of
the burglary.

The Code defines an "occupied structure" as:

[A]ny building, structure, appurtenances to buildings and structures,
land, water or air vehicle, or similar place adapted for overnight
accommodation of persons, or occupied by persons for the purpose of
carrying on business or other activity therein, or for the storage or
safekeeping of anything of value. Such a structure is an "occupied
structure" whether or not a person is actually present.

Id. § 702.12.

Wills relies on State v. Smothers, 590 N.W.2d 721 (Iowa 1999), to
argue the garage and the living quarters are separate and independent
occupied structures. In Smothers, two separate and distinct
businesses connected by interior fire doors were operated in the same
structure. 590 N.W.2d at 723. We held the defendant committed two
burglaries by entering each business because "[t]he facility's
construction history and physical make-up demonstrate that the
portions are independent working units which constitute '[a]
combination of materials to form a construction for occupancy [or]
use.'" Id. Smothers is not at odds with the present case because the
living quarters and the garage are not separate or independent units
of the residence.

Our review of the record reveals the garage in question was a three-
car attached garage separated from the living quarters by a door. The
same roof covered the garage as the rest of the residence. The living
quarters surrounded the garage on two sides. It was structurally no
different from any other room in the residence.

The garage was a functional part of the residence. On the night of
the incident, the door was unlocked. The owner of the residence used
two stalls in the garage to park the family vehicles. The owner used
the third stall for his motorcycle. As such, the garage and the
living quarters are a single "structure" or "building" functioning as
an integral part of the family residence. Thus, the residence
including the garage is a single "occupied structure" under section
702.12. See, e.g., People v. Ingram, 48 Cal. Rptr. 2d 256 (Ct. App.
1995) (holding defendant's entry into an attached garage constituted
first-degree burglary because the garage was attached to the house;
therefore, burglary of the garage was burglary of an inhabited
dwelling house); People v. Cunningham, 637 N.E.2d 1247, 1252 (Ill.
App. Ct. 1994) (holding "ordinarily an attached garage is a 'dwelling'
because it is part of the structure in which the owner or occupant
lives"); State v. Lara, 587 P.2d 52, 53 (N.M. Ct. App. 1978) (holding
"burglary of the [attached] garage was burglary of the dwelling house
because the garage was a part of the structure used as living
quarters"); People v. Green, 141 A.D.2d 760, 761 (N.Y. App. Div. 1988)
(holding "[s]ince the garage in the present case was structurally part
of a building which was used for overnight lodging of various persons,
it must be considered as part of a dwelling"); White v. State, 630 S.W.
2d 340, 342 (Tex. Ct. App. 1982) (holding an attached garage under the
same roof as the home would be considered a habitation within the
purview of the penal code because the garage is a structure
appurtenant to and connected to the house); State v. Murbach, 843 P.2d
551, 553 (Wash. Ct. App 1993) (holding the definition of a dwelling
under Washington's burglary statute included an attached garage).

Had Wills' trial counsel moved for a judgment of acquittal on the
basis there was insufficient evidence to support a finding that at the
time Wills entered the garage there were no persons present in or upon
the occupied structure, it would have been overruled by the court
because the owner and his family were present in the residence at the
time of the burglary.

Wills also claims his counsel was ineffective for failing to object to
the jury instruction used by the district court on the same ground;
that the living quarters were a separate and independent occupied
structure from the attached garage. The instruction as given stated:

The State must prove all of the following elements of Burglary in the
Second Degree as to Count I:

1. On or about the 12th day of August, 2003, the defendant or someone
he aided and abetted broke into or entered the residence at . . . .

2. The residence at . . . was an occupied structure as defined in
Instruction No. 29.

3. The defendant or the person he aided and abetted did not have
permission or authority to break into the residence at . . . .

4. The defendant or the person he aided and abetted did so with the
specific intent to commit a theft therein.

5. During the incident persons were present in or upon the occupied
structure.

If the State has proved all of the elements, the defendant is guilty
of Burglary in the Second Degree. If the State has failed to prove
any of the elements, the defendant is not guilty of Burglary in the
Second Degree and you will then consider the charge of Attempted
Burglary in the Second Degree explained in Instruction No. 21.

(Emphasis added.)

Wills' claim is without merit. As we have discussed, the residence is
the one and only "occupied structure" under the facts of this case.
Had Wills' trial counsel made this objection to the instruction, it
would have been overruled.

Therefore, Wills' trial counsel is not ineffective for failing to move
for a judgment of acquittal or objecting to the instruction because
there was no legal basis for the motion or objection. See State v.
Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was
not ineffective for failing to raise an issue that has no merit).

IV. Disposition.

We affirm the judgment of the district court because Wills' trial
counsel was not ineffective for failing to raise meritless issues.

AFFIRMED.
marston shores
2018-02-18 13:46:05 UTC
Permalink
Raw Message
Post by eohoe
A search of misc.legal in GG shows you cross-posting to misc.legal as
far back as 2003.
A search of GG shows you need to call Rev. Larson to have your demons
cast out. He alone can save you.

Will you make that call?
BDK
2018-02-19 05:39:21 UTC
Permalink
Raw Message
Post by eohoe
Post by BDK
Post by KWills Shill #3
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the
nym
Post by KWills Shill #3
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
When, in reality please, has BDK posted to misc.legal?
Never.
A search of misc.legal in GG shows you cross-posting to misc.legal as
far back as 2003.
Cross posting by not editing groups is not the same as intending to post
there.
Post by eohoe
Post by BDK
Post by KWills Shill #3
Please include the MID and/or archive link to at least one such
post. Note, cross posts from another group will not count. And you
must keep your answer within the realm of reality.
If he can do that, he's a wizard.
and this isn't even cross-posted and is less than three months ago,
you're really slipping.
Responding to Herc? That's the best you can do?
Post by eohoe
Post by BDK
Post by KWills Shill #3
[Cue avoidance games]
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
What with Hyena K Wills from alt.fan.bob-larson teaming up with BDK on
alt.conspiracy along with assorted other characters it was a natch.
Post by BDK
Post by KWills Shill #3
You really gotta STOP eating k00k loops for breakfast.
Seems like he eats them every meal.
Post by KWills Shill #3
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
There was, and is, no "Hyena Pack." That was the name of the
lesser conspiracy Greg claimed was out to get him. On occasion, it was
affiliated with "Witch Hunt," the main conspiracy.
But you already know this. You're just unable to be honest about
it.
Looks like I missed some decent entertainment.
Well, you're just in time for some more decent entertaining. The BDK of
"Hyena Road" was named after you and he was a 'dirt bag', what do you
suppose that makes you?
How was he named after me? His name is in the credits and it's not mine.
Post by eohoe
BDK, the Immortal Dirtbag, kinda catchy, don'cha think?
I prefer one of the titles below:

In your case it would be the second one, you loon.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
BDK
2018-02-16 19:29:04 UTC
Permalink
Raw Message
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the
nym
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
Actually, on Earth, I've never, ever posted to misc.legal. Ever, and
except for like a day, I've always used the BDK nick.
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
???????????????
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
BWHAHAHAHAHAHA! Seems like you might be going senile on top of being
batshit crazy.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
e***@hotmail.com
2018-02-16 20:04:37 UTC
Permalink
Raw Message
Post by BDK
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the
nym
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
Actually, on Earth, I've never, ever posted to misc.legal. Ever, and
except for like a day, I've always used the BDK nick.
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
???????????????
Well, there is in fact a movie called "Hyena Road;"

https://www.imdb.com/title/tt4034452/?ref_=fn_al_tt_1

and one of the middle easterners is named "BDK."

Mind you, that's still a stretch to attach you to what appears to be a minor character in a film that shares one word with what he claims is a "meme," that I personally never heard before.
BDK
2018-02-17 15:16:57 UTC
Permalink
Raw Message
Post by e***@hotmail.com
Post by BDK
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under
the
Post by e***@hotmail.com
Post by BDK
nym
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
Actually, on Earth, I've never, ever posted to misc.legal. Ever, and
except for like a day, I've always used the BDK nick.
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
???????????????
Well, there is in fact a movie called "Hyena Road;"
Ok, I've never heard of it...
Post by e***@hotmail.com
https://www.imdb.com/title/tt4034452/?ref_=fn_al_tt_1
and one of the middle easterners is named "BDK."
Seems like it's the main bad guy. So like 18+ years after I began
posting under the BDK nick, Eohoe, the Paharoah of Failure, thinks
someone named a character in a low budget, obscure movie after me. In
the movie, BDK stands for Bashir Daoud Khan. I'm not Middle Eastern, and
BDK is not my initials.
Post by e***@hotmail.com
Mind you, that's still a stretch to attach you to what appears to be a minor character in a film that shares one word with what he claims is a "meme," that I personally never heard before.
It seems to be how Herc operates too. One thing overlaps and a whole
world is made out of it.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
e***@hotmail.com
2018-02-17 15:56:40 UTC
Permalink
Raw Message
Seems like it's the main bad guy. So like 18+ years after I began
posting under the BDK nick, Eohoe, the Paharoah of Failure, thinks
someone named a character in a low budget, obscure movie after me. In
the movie, BDK stands for Bashir Daoud Khan. I'm not Middle Eastern, and
BDK is not my initials.
*****
Internet Movie Database imdb.com lists characters by importance and screen time. BDK doesn’t even show up when you first click on the film. After the main listing, there’s a link that says; “Show Complete Cast Listing.” When I clicked on THAT, BSK shows up at the bottom of the list. So, he doesn’t appear to be the main bad guy.
BDK
2018-02-17 19:26:25 UTC
Permalink
Raw Message
Post by BDK
Seems like it's the main bad guy. So like 18+ years after I began
posting under the BDK nick, Eohoe, the Paharoah of Failure, thinks
someone named a character in a low budget, obscure movie after me. In
the movie, BDK stands for Bashir Daoud Khan. I'm not Middle Eastern, and
BDK is not my initials.
*****
Internet Movie Database imdb.com lists characters by importance and screen time. BDK doesn?t even show up when you first click on the film. After the main listing, there?s a link that says; ?Show Complete Cast Listing.? When I clicked on THAT, BSK shows up at the bottom of the list. So, he doesn?t appear to be the main bad guy.
IMDB has many many mistakes, like google maps in this area. Actors being
left out completely, wrong actors listed, etc. There's an obscure pic
where I knew one of the cast, and she's in the movie, but there never
has been a trace of her in IMDB, at all. She was in like 4 movies being
"eye candy", but doesn't exist as far as IMDB is concerned. She did tons
of commercials in Las Vegas in the late 70's and early 80's.

She married Larry Bud Melman in this epic! And not a mention. I saw her
name in the credits as Melman's character's "bride" both at the drive in
when I first saw it, then on the video..

http://www.imdb.com/title/tt0085546/?ref_=nm_flmg_act_17
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
marston shores
2018-02-18 13:47:06 UTC
Permalink
Raw Message
Post by e***@hotmail.com
Well, there is in fact a movie called "Hyena Road;"
https://www.imdb.com/title/tt4034452/?ref_=fn_al_tt_1
and one of the middle easterners is named "BDK."
Sand nigger should be wiped from the face of the earth!
KWills Shill #3
2018-02-18 17:16:02 UTC
Permalink
Raw Message
Post by marston shores
Post by e***@hotmail.com
Well, there is in fact a movie called "Hyena Road;"
https://www.imdb.com/title/tt4034452/?ref_=fn_al_tt_1
and one of the middle easterners is named "BDK."
Sand nigger should be wiped from the face of the earth!
Can't you feel the Christian love?

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
BDK
2018-02-19 05:43:08 UTC
Permalink
Raw Message
Post by KWills Shill #3
Post by marston shores
Post by e***@hotmail.com
Well, there is in fact a movie called "Hyena Road;"
https://www.imdb.com/title/tt4034452/?ref_=fn_al_tt_1
and one of the middle easterners is named "BDK."
Sand nigger should be wiped from the face of the earth!
Can't you feel the Christian love?
What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.
Marston Shores: Indeed.
Marston Shores actually admitting lying is very easy for him in
Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.
Marston: There is no "Goddess", that's Satan deceiving you.
Me: And you would know, since you worship Satan.
Marston: That I would, heathen.
Marston Shores openly admitting he worships Satan in
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
He's a POS, nothing more. He proves it almost every time he posts.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
eohoe
2018-02-16 20:51:59 UTC
Permalink
Raw Message
Post by BDK
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the
nym
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
Actually, on Earth, I've never, ever posted to misc.legal. Ever, and
except for like a day, I've always used the BDK nick.
You sure did a lot of cross-posting to ML. Same difference, TROLL.
Post by BDK
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
???????????????
Selective memory got you stumped? After years of TROLLING with the
'Hyena Pack' they made "Hyena Road" using your nym as a major character.
BDK was the Dirt Bag child kidnapper, guess that was a fitting role
for someone with your name.
Post by BDK
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
BWHAHAHAHAHAHA! Seems like you might be going senile on top of being
batshit crazy.
Yeah, they nailed your character real good, you're immortalized now
'Dirt Bag'.
KWills Shill #3
2018-02-17 10:11:42 UTC
Permalink
Raw Message
Post by eohoe
Post by BDK
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the
nym
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
Actually, on Earth, I've never, ever posted to misc.legal. Ever, and
except for like a day, I've always used the BDK nick.
You sure did a lot of cross-posting to ML. Same difference, TROLL.
Post the MID and/or archive link to such a post.
If you wish to admit you've been caught in another lie, you won't
post either.
Post by eohoe
Post by BDK
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
???????????????
Selective memory got you stumped? After years of TROLLING with the
'Hyena Pack' they made "Hyena Road" using your nym as a major character.
BDK was the Dirt Bag child kidnapper, guess that was a fitting role
for someone with your name.
In the film, BDK is a very minor character.
Is there anything, anything at all about which you will be
honest?
Post by eohoe
Post by BDK
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
BWHAHAHAHAHAHA! Seems like you might be going senile on top of being
batshit crazy.
Yeah, they nailed your character real good, you're immortalized now
'Dirt Bag'.
You haven't seen the movie, have you? If you had, you would know
the character is nothing like how BDK presents himself.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
marston shores
2018-02-18 13:48:26 UTC
Permalink
Raw Message
Post by KWills Shill #3
Post the MID
Are you serious?

http://www.iowacourts.state.ia.us
http://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )

http://www.doc.state.ia.us/InmateInfo.asp?OffenderCd=1155768

Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD = Tentative Discharge Date * SDD = Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003

http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-0202.asp?search=+Kent+Wills+#_1


IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005

STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.

Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.

Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.

WIGGINS, Justice.

Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills' trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.

I. Background Facts and Proceedings.

Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident's neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor's residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor's attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor's
driveway.

The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner's daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor's parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.

The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.

The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.

II. Scope of Review.

Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills' ineffective-
assistance-of-counsel claims on direct appeal.

In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when "there is a reasonable probability that, but
for the counsel's unprofessional errors, the result of the proceeding
would have been different." State v. Hopkins, 576 N.W.2d 374, 378
(Iowa 1998) (quoting Strickland, 466 U.S. at 694, 104 S. Ct. at 2068,
80 L. Ed. 2d at 698). Wills' arguments also raise issues of statutory
interpretation, which we review for correction of errors at law.
State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004).

III. Analysis.

To find Wills guilty of burglary in the second degree, the State had
to prove Wills perpetrated a burglary "in or upon an occupied
structure in which one or more persons are present . . . ." Iowa Code
§ 713.5(2) (2003) (emphasis added).

In this appeal, Wills first contends his trial counsel was ineffective
for failing to move for a judgment of acquittal on the basis there was
insufficient evidence to support a finding that at the time Wills
entered the garage, there were persons present in or upon the occupied
structure. Wills concedes the garage was an occupied structure, but
argues the living quarters and the attached garage are separate and
independent occupied structures; therefore, the jury could not have
found there were people present in the attached garage at the time of
the burglary.

The Code defines an "occupied structure" as:

[A]ny building, structure, appurtenances to buildings and structures,
land, water or air vehicle, or similar place adapted for overnight
accommodation of persons, or occupied by persons for the purpose of
carrying on business or other activity therein, or for the storage or
safekeeping of anything of value. Such a structure is an "occupied
structure" whether or not a person is actually present.

Id. § 702.12.

Wills relies on State v. Smothers, 590 N.W.2d 721 (Iowa 1999), to
argue the garage and the living quarters are separate and independent
occupied structures. In Smothers, two separate and distinct
businesses connected by interior fire doors were operated in the same
structure. 590 N.W.2d at 723. We held the defendant committed two
burglaries by entering each business because "[t]he facility's
construction history and physical make-up demonstrate that the
portions are independent working units which constitute '[a]
combination of materials to form a construction for occupancy [or]
use.'" Id. Smothers is not at odds with the present case because the
living quarters and the garage are not separate or independent units
of the residence.

Our review of the record reveals the garage in question was a three-
car attached garage separated from the living quarters by a door. The
same roof covered the garage as the rest of the residence. The living
quarters surrounded the garage on two sides. It was structurally no
different from any other room in the residence.

The garage was a functional part of the residence. On the night of
the incident, the door was unlocked. The owner of the residence used
two stalls in the garage to park the family vehicles. The owner used
the third stall for his motorcycle. As such, the garage and the
living quarters are a single "structure" or "building" functioning as
an integral part of the family residence. Thus, the residence
including the garage is a single "occupied structure" under section
702.12. See, e.g., People v. Ingram, 48 Cal. Rptr. 2d 256 (Ct. App.
1995) (holding defendant's entry into an attached garage constituted
first-degree burglary because the garage was attached to the house;
therefore, burglary of the garage was burglary of an inhabited
dwelling house); People v. Cunningham, 637 N.E.2d 1247, 1252 (Ill.
App. Ct. 1994) (holding "ordinarily an attached garage is a 'dwelling'
because it is part of the structure in which the owner or occupant
lives"); State v. Lara, 587 P.2d 52, 53 (N.M. Ct. App. 1978) (holding
"burglary of the [attached] garage was burglary of the dwelling house
because the garage was a part of the structure used as living
quarters"); People v. Green, 141 A.D.2d 760, 761 (N.Y. App. Div. 1988)
(holding "[s]ince the garage in the present case was structurally part
of a building which was used for overnight lodging of various persons,
it must be considered as part of a dwelling"); White v. State, 630 S.W.
2d 340, 342 (Tex. Ct. App. 1982) (holding an attached garage under the
same roof as the home would be considered a habitation within the
purview of the penal code because the garage is a structure
appurtenant to and connected to the house); State v. Murbach, 843 P.2d
551, 553 (Wash. Ct. App 1993) (holding the definition of a dwelling
under Washington's burglary statute included an attached garage).

Had Wills' trial counsel moved for a judgment of acquittal on the
basis there was insufficient evidence to support a finding that at the
time Wills entered the garage there were no persons present in or upon
the occupied structure, it would have been overruled by the court
because the owner and his family were present in the residence at the
time of the burglary.

Wills also claims his counsel was ineffective for failing to object to
the jury instruction used by the district court on the same ground;
that the living quarters were a separate and independent occupied
structure from the attached garage. The instruction as given stated:

The State must prove all of the following elements of Burglary in the
Second Degree as to Count I:

1. On or about the 12th day of August, 2003, the defendant or someone
he aided and abetted broke into or entered the residence at . . . .

2. The residence at . . . was an occupied structure as defined in
Instruction No. 29.

3. The defendant or the person he aided and abetted did not have
permission or authority to break into the residence at . . . .

4. The defendant or the person he aided and abetted did so with the
specific intent to commit a theft therein.

5. During the incident persons were present in or upon the occupied
structure.

If the State has proved all of the elements, the defendant is guilty
of Burglary in the Second Degree. If the State has failed to prove
any of the elements, the defendant is not guilty of Burglary in the
Second Degree and you will then consider the charge of Attempted
Burglary in the Second Degree explained in Instruction No. 21.

(Emphasis added.)

Wills' claim is without merit. As we have discussed, the residence is
the one and only "occupied structure" under the facts of this case.
Had Wills' trial counsel made this objection to the instruction, it
would have been overruled.

Therefore, Wills' trial counsel is not ineffective for failing to move
for a judgment of acquittal or objecting to the instruction because
there was no legal basis for the motion or objection. See State v.
Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was
not ineffective for failing to raise an issue that has no merit).

IV. Disposition.

We affirm the judgment of the district court because Wills' trial
counsel was not ineffective for failing to raise meritless issues.

AFFIRMED.
BDK
2018-02-17 15:23:18 UTC
Permalink
Raw Message
Post by eohoe
Post by BDK
Post by eohoe
Post by BDK
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don?t know his actual identity, then nothing that?s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media?s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the
nym
Post by eohoe
Post by BDK
?eohoe.?
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
I'm pretty sure I do know all the above info. I don't know how my
comments could affect him in any way, other than getting him all "riled
up". It doesn't seem like it takes a lot to do that. Besides, he is
batshit crazy.
Back in the day when you were trolling misc.legal with your 'Johnny One
Note' you were tagged along with the K Idiot and a few other characters
as being part of the 'Hyena Pack.'
Actually, on Earth, I've never, ever posted to misc.legal. Ever, and
except for like a day, I've always used the BDK nick.
You sure did a lot of cross-posting to ML. Same difference, TROLL.
I did? I don't think so.
Post by eohoe
Post by BDK
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
???????????????
Selective memory got you stumped? After years of TROLLING with the
'Hyena Pack' they made "Hyena Road" using your nym as a major character.
Yes, there was a character named BDK, it stood for Bashir Daoud Khan.
BDK is not my initials, and I'm not Middle Eastern.
Post by eohoe
BDK was the Dirt Bag child kidnapper, guess that was a fitting role
for someone with your name.
Such anger. BWHAHAHAHAHAA!
Post by eohoe
Post by BDK
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
It's the simple truth.
Post by eohoe
Post by BDK
BWHAHAHAHAHAHA! Seems like you might be going senile on top of being
batshit crazy.
Yeah, they nailed your character real good, you're immortalized now
'Dirt Bag'.
You can't even keep the initials in order. Senility is my guess.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
KWills Shill #3
2018-02-18 09:51:51 UTC
Permalink
Raw Message
On Sat, 17 Feb 2018 10:23:18 -0500, BDK <***@Worldcontrol.com>
wrote:

[...]
Post by BDK
Post by eohoe
Post by BDK
Actually, on Earth, I've never, ever posted to misc.legal. Ever, and
except for like a day, I've always used the BDK nick.
You sure did a lot of cross-posting to ML. Same difference, TROLL.
I did? I don't think so.
There are a few posts from 2017. Long AFTER Greg's paranoia about
"Hyena Pack" was gone. I'd need to check to be 100% certain, but as I
recall, Greg ceased posting in early 2014.
You were replying to Graham in the posts in question. No mention
of Hyena pack to be found in the conversations.
Of course, Allen would think your posts from three years AFTER
Greg ceased posting his paranoia means you were a part of the
conspiracy Greg's mental illness forced him to believe existed.
It's possible there are other posts, too. But, according to
Google Groups, there are no post where Greg claimed you were a part of
any conspiracy that was out to get him. This is an invention of
Allen's mental illness alone.
Post by BDK
Post by eohoe
Post by BDK
Post by eohoe
That meme took so good that when they made the movie "Hyena Road" they
named one of the main characters BDK.
???????????????
Selective memory got you stumped? After years of TROLLING with the
'Hyena Pack' they made "Hyena Road" using your nym as a major character.
Yes, there was a character named BDK, it stood for Bashir Daoud Khan.
BDK is not my initials, and I'm not Middle Eastern.
Allen doesn't deal with reality.
Post by BDK
Post by eohoe
BDK was the Dirt Bag child kidnapper, guess that was a fitting role
for someone with your name.
Such anger. BWHAHAHAHAHAA!
I guess Allen missed when I stated, in regards to knowing people
here, that I presumed BDK was your monogram, but didn't know it, you
replied that it connected to your dog, but not your real name. Or he
chose to ignore it.
Sure, it is POSSIBLE you lied and it is your monogram. But there
has been nothing offered to support, let alone prove, this is the
case. If Allen wants to claim the BDK nym is your initials, he will
need to offer something valid and verifiable to support it if he hopes
for anyone to accept it.
Post by BDK
Post by eohoe
Post by BDK
Post by eohoe
So, here you are years later over in alt.conspiracy still doing your
'Johnny One Note', still part of the 'Hyena Pack' and still one name
calling 'Batshit Crazy' motherfucker.
It's the simple truth.
Again, Allen doesn't deal with reality. At times, he appears to
actively avoid it.
Post by BDK
Post by eohoe
Post by BDK
BWHAHAHAHAHAHA! Seems like you might be going senile on top of being
batshit crazy.
Yeah, they nailed your character real good, you're immortalized now
'Dirt Bag'.
You can't even keep the initials in order. Senility is my guess.
Allen is getting up there in age. His mind, which according to
all available evidence, wasn't working well when he was at his prime,
is fading. This is common with the elderly. Some can remain mentally
alert into their 90's, but most don't. Allen has the added burden of
being mentally ill added to the common ailments of aging.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
marston shores
2018-02-18 13:48:52 UTC
Permalink
Raw Message
Post by KWills Shill #3
There are a few posts from 2017
Are you serious?

http://www.iowacourts.state.ia.us
http://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )

http://www.doc.state.ia.us/InmateInfo.asp?OffenderCd=1155768

Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD = Tentative Discharge Date * SDD = Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003

http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-0202.asp?search=+Kent+Wills+#_1


IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005

STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.

Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.

Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.

WIGGINS, Justice.

Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills' trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.

I. Background Facts and Proceedings.

Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident's neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor's residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor's attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor's
driveway.

The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner's daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor's parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.

The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.

The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.

II. Scope of Review.

Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills' ineffective-
assistance-of-counsel claims on direct appeal.

In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when "there is a reasonable probability that, but
for the counsel's unprofessional errors, the result of the proceeding
would have been different." State v. Hopkins, 576 N.W.2d 374, 378
(Iowa 1998) (quoting Strickland, 466 U.S. at 694, 104 S. Ct. at 2068,
80 L. Ed. 2d at 698). Wills' arguments also raise issues of statutory
interpretation, which we review for correction of errors at law.
State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004).

III. Analysis.

To find Wills guilty of burglary in the second degree, the State had
to prove Wills perpetrated a burglary "in or upon an occupied
structure in which one or more persons are present . . . ." Iowa Code
§ 713.5(2) (2003) (emphasis added).

In this appeal, Wills first contends his trial counsel was ineffective
for failing to move for a judgment of acquittal on the basis there was
insufficient evidence to support a finding that at the time Wills
entered the garage, there were persons present in or upon the occupied
structure. Wills concedes the garage was an occupied structure, but
argues the living quarters and the attached garage are separate and
independent occupied structures; therefore, the jury could not have
found there were people present in the attached garage at the time of
the burglary.

The Code defines an "occupied structure" as:

[A]ny building, structure, appurtenances to buildings and structures,
land, water or air vehicle, or similar place adapted for overnight
accommodation of persons, or occupied by persons for the purpose of
carrying on business or other activity therein, or for the storage or
safekeeping of anything of value. Such a structure is an "occupied
structure" whether or not a person is actually present.

Id. § 702.12.

Wills relies on State v. Smothers, 590 N.W.2d 721 (Iowa 1999), to
argue the garage and the living quarters are separate and independent
occupied structures. In Smothers, two separate and distinct
businesses connected by interior fire doors were operated in the same
structure. 590 N.W.2d at 723. We held the defendant committed two
burglaries by entering each business because "[t]he facility's
construction history and physical make-up demonstrate that the
portions are independent working units which constitute '[a]
combination of materials to form a construction for occupancy [or]
use.'" Id. Smothers is not at odds with the present case because the
living quarters and the garage are not separate or independent units
of the residence.

Our review of the record reveals the garage in question was a three-
car attached garage separated from the living quarters by a door. The
same roof covered the garage as the rest of the residence. The living
quarters surrounded the garage on two sides. It was structurally no
different from any other room in the residence.

The garage was a functional part of the residence. On the night of
the incident, the door was unlocked. The owner of the residence used
two stalls in the garage to park the family vehicles. The owner used
the third stall for his motorcycle. As such, the garage and the
living quarters are a single "structure" or "building" functioning as
an integral part of the family residence. Thus, the residence
including the garage is a single "occupied structure" under section
702.12. See, e.g., People v. Ingram, 48 Cal. Rptr. 2d 256 (Ct. App.
1995) (holding defendant's entry into an attached garage constituted
first-degree burglary because the garage was attached to the house;
therefore, burglary of the garage was burglary of an inhabited
dwelling house); People v. Cunningham, 637 N.E.2d 1247, 1252 (Ill.
App. Ct. 1994) (holding "ordinarily an attached garage is a 'dwelling'
because it is part of the structure in which the owner or occupant
lives"); State v. Lara, 587 P.2d 52, 53 (N.M. Ct. App. 1978) (holding
"burglary of the [attached] garage was burglary of the dwelling house
because the garage was a part of the structure used as living
quarters"); People v. Green, 141 A.D.2d 760, 761 (N.Y. App. Div. 1988)
(holding "[s]ince the garage in the present case was structurally part
of a building which was used for overnight lodging of various persons,
it must be considered as part of a dwelling"); White v. State, 630 S.W.
2d 340, 342 (Tex. Ct. App. 1982) (holding an attached garage under the
same roof as the home would be considered a habitation within the
purview of the penal code because the garage is a structure
appurtenant to and connected to the house); State v. Murbach, 843 P.2d
551, 553 (Wash. Ct. App 1993) (holding the definition of a dwelling
under Washington's burglary statute included an attached garage).

Had Wills' trial counsel moved for a judgment of acquittal on the
basis there was insufficient evidence to support a finding that at the
time Wills entered the garage there were no persons present in or upon
the occupied structure, it would have been overruled by the court
because the owner and his family were present in the residence at the
time of the burglary.

Wills also claims his counsel was ineffective for failing to object to
the jury instruction used by the district court on the same ground;
that the living quarters were a separate and independent occupied
structure from the attached garage. The instruction as given stated:

The State must prove all of the following elements of Burglary in the
Second Degree as to Count I:

1. On or about the 12th day of August, 2003, the defendant or someone
he aided and abetted broke into or entered the residence at . . . .

2. The residence at . . . was an occupied structure as defined in
Instruction No. 29.

3. The defendant or the person he aided and abetted did not have
permission or authority to break into the residence at . . . .

4. The defendant or the person he aided and abetted did so with the
specific intent to commit a theft therein.

5. During the incident persons were present in or upon the occupied
structure.

If the State has proved all of the elements, the defendant is guilty
of Burglary in the Second Degree. If the State has failed to prove
any of the elements, the defendant is not guilty of Burglary in the
Second Degree and you will then consider the charge of Attempted
Burglary in the Second Degree explained in Instruction No. 21.

(Emphasis added.)

Wills' claim is without merit. As we have discussed, the residence is
the one and only "occupied structure" under the facts of this case.
Had Wills' trial counsel made this objection to the instruction, it
would have been overruled.

Therefore, Wills' trial counsel is not ineffective for failing to move
for a judgment of acquittal or objecting to the instruction because
there was no legal basis for the motion or objection. See State v.
Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was
not ineffective for failing to raise an issue that has no merit).

IV. Disposition.

We affirm the judgment of the district court because Wills' trial
counsel was not ineffective for failing to raise meritless issues.

AFFIRMED.
marston shores
2018-02-18 13:47:48 UTC
Permalink
Raw Message
Post by eohoe
You sure did a lot of cross-posting to ML.
You sure prove you need Rev. Larson in your life. Will you call him and
be set free of your demons?
eohoe
2018-02-19 11:59:44 UTC
Permalink
Raw Message
Post by marston shores
Post by eohoe
You sure did a lot of cross-posting to ML.
You sure prove you need Rev. Larson in your life. Will you call him and
be set free of your demons?
Abrahamic Religions are Pharaonic co-option schemes
e***@hotmail.com
2018-02-19 14:20:26 UTC
Permalink
Raw Message
If you got rid of all the Abrahamic religions, it would mean nothing to you. No one would turn around and say; “We need the Pharohes back! Where’s that eohoe guy?”
eohoe
2018-02-20 01:37:13 UTC
Permalink
Raw Message
Post by e***@hotmail.com
If you got rid of all the Abrahamic religions, it would mean nothing to you. No one would turn around and say; “We need the Pharohes back! Where’s that eohoe guy?”
If you got rid of all the Abrahamic religions there would be no Gang
Stalking or Psychotronic abuse or White genocide and an end to most of
the kiddie fuckers.

Abrahamic religions are Pharaonic co-option schemes.
e***@hotmail.com
2018-02-20 02:33:22 UTC
Permalink
Raw Message
Post by eohoe
Post by e***@hotmail.com
If you got rid of all the Abrahamic religions, it would mean nothing to you. No one would turn around and say; “We need the Pharohes back! Where’s that eohoe guy?”
If you got rid of all the Abrahamic religions there would be no Gang
Stalking or Psychotronic abuse or White genocide and an end to most of
the kiddie fuckers.
Most of that isn't happening anyway, the child abuse would still happen, it just wouldn't be under the Church.

Having said that, your rant still doesn't address my point that without the Abrahamic religions, there would still be a total of NO people crying for you to come and save them as their Pharoah
Post by eohoe
Abrahamic religions are Pharaonic co-option schemes.
And you are a sad little loser who's never going to have anything but ranting on this ng.
eohoe
2018-02-20 04:28:18 UTC
Permalink
Raw Message
Post by e***@hotmail.com
Post by eohoe
Post by e***@hotmail.com
If you got rid of all the Abrahamic religions, it would mean nothing to you. No one would turn around and say; “We need the Pharohes back! Where’s that eohoe guy?”
If you got rid of all the Abrahamic religions there would be no Gang
Stalking or Psychotronic abuse or White genocide and an end to most of
the kiddie fuckers.
Most of that isn't happening anyway,
It's all happening, in SPADES and because I'm speaking Truth to Power in
spite of the costs I'm the threat that they're trying to remove. You,
on the other hand, are a SHILL that is part of the cover-up with your
LIES, DISINFORMATION and feigned VIRTUE.
Post by e***@hotmail.com
the child abuse would still happen, it just wouldn't be under the Church.
it wouldn't be tolerated
Post by e***@hotmail.com
Having said that, your rant still doesn't address my point that without the Abrahamic religions, there would still be a total of NO people crying for you to come and save them as their Pharoah
I already saved humanity a long time ago from the EVIL Sabbatean plot to
turn the Pyramid & Imperial Eagle into tokens of hebephilia and
statutory rape of the eternal virgin. The EVIL still abounds but I
deprived it of it's Ultimate desire and there by changed the World.
Post by e***@hotmail.com
Post by eohoe
Abrahamic religions are Pharaonic co-option schemes.
And you are a sad little loser who's never going to have anything but ranting on this ng.
The DEVIL got your soul a long time ago when you took up with that
Negress of yours and you're still trying somehow to get it back with
your Virtue Signing and such but it ain't working, eh LOSER?

Once you go Black you can't come Back!
e***@hotmail.com
2018-02-20 05:29:22 UTC
Permalink
Raw Message
Happily married 39 years now. No reason to come back from anything.

You, on the other hand, have nothing but ranting on this ng.

Nothing you have ever done has made any change in the direction of this country, or this world.
eohoe
2018-02-20 08:05:21 UTC
Permalink
Raw Message
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.

--

Abrahamic religions are Pharaonic co-option schemes.
BDK
2018-02-20 08:20:45 UTC
Permalink
Raw Message
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
BWHAHAHAHAHAHAHAHAHA! You're just batshit crazy.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
eohoe
2018-02-20 09:19:21 UTC
Permalink
Raw Message
Post by BDK
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
BWHAHAHAHAHAHAHAHAHA! You're just batshit crazy.
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.

The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!

As for you, BDK is synonymous with 'Dirt Bag' and your Ad Hominem
attacks prove it every time.

--

Abrahamic religions are Pharaonic co-option schemes!
KWills Shill #3
2018-02-20 10:23:55 UTC
Permalink
Raw Message
Post by eohoe
Post by BDK
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
BWHAHAHAHAHAHAHAHAHA! You're just batshit crazy.
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.
If true, your god is a horrible, disgusting entity. To kill
thousands of people who had NOTHING to do with the Loving v Virginia
case is PROOF that, if Share-Da-Piss exists, he is unworthy of any
form of respect or praise.
Post by eohoe
The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!
Since we're not at risk, I, for one, am not worried.
Post by eohoe
As for you, BDK is synonymous with 'Dirt Bag' and your Ad Hominem
attacks prove it every time.
Are you dyslexic by chance?
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
BDK
2018-02-20 19:23:35 UTC
Permalink
Raw Message
Post by KWills Shill #3
Post by eohoe
Post by BDK
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
BWHAHAHAHAHAHAHAHAHA! You're just batshit crazy.
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.
If true, your god is a horrible, disgusting entity. To kill
thousands of people who had NOTHING to do with the Loving v Virginia
case is PROOF that, if Share-Da-Piss exists, he is unworthy of any
form of respect or praise.
Post by eohoe
The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!
Since we're not at risk, I, for one, am not worried.
Post by eohoe
As for you, BDK is synonymous with 'Dirt Bag' and your Ad Hominem
attacks prove it every time.
Are you dyslexic by chance?
It's the ancient Egyptian "medicine" he takes as the Pharaoh of Failure
that causes his dyslexia.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
KWills Shill #3
2018-02-21 10:10:45 UTC
Permalink
Raw Message
On Tue, 20 Feb 2018 14:23:35 -0500, BDK <***@Worldcontrol.com>
wrote:

[...]
Post by BDK
Post by KWills Shill #3
Post by eohoe
As for you, BDK is synonymous with 'Dirt Bag' and your Ad Hominem
attacks prove it every time.
Are you dyslexic by chance?
It's the ancient Egyptian "medicine" he takes as the Pharaoh of Failure
that causes his dyslexia.
That would explain a great deal, actually.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
e***@hotmail.com
2018-02-20 11:19:35 UTC
Permalink
Raw Message
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.

The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!
*****
If the Lord honestly sent a hurricane randomly against people who had no connection with the person whose death the hurricane was sent for, that would make the Lord as horrible as you. Fortunately for my faith. I don’t believe your version of the world.
eohoe
2018-02-21 06:56:31 UTC
Permalink
Raw Message
Post by eohoe
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.
The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!
*****
If the Lord honestly sent a hurricane randomly against people who had no connection with the person whose death the hurricane was sent for, that would make the Lord as horrible as you. Fortunately for my faith. I don’t believe your version of the world.
Derisive words coming from the sanctimonious race traitor and Zionist
stooge.

"The war between Heaven & Hell depends on the choices we make, and those
choices require sacrifice. That's the test."
-Cogliostro, SPAWN
e***@hotmail.com
2018-02-21 07:38:29 UTC
Permalink
Raw Message
Derisive words coming from the sanctimonious race traitor and Zionist
stooge.
*****
Words you can’t dispute.
eohoe
2018-02-21 08:54:48 UTC
Permalink
Raw Message
Post by eohoe
Derisive words coming from the sanctimonious race traitor and Zionist
stooge.
*****
Words you can’t dispute.
You weren't born to be a miscegenist, the LORD didn't sanction your
treason but you decided you were above it all and went ahead anyway.

You've been listening to too much liberal propaganda and it has turned
your brain to mush. The Jews are laughing their asses off.

The LORD tends his garden and pulls the weeds. Your failure will no
doubt be resolved as a meme in what not to do.

http://eohoe.tripod.com/aims.htm

"The war between Heaven & Hell depends on the choices we make, and those
choices require sacrifice. That's the test."
-Cogliostro, SPAWN
KWills Shill #3
2018-02-21 10:11:12 UTC
Permalink
Raw Message
Post by eohoe
Post by eohoe
Derisive words coming from the sanctimonious race traitor and Zionist
stooge.
*****
Words you can’t dispute.
You weren't born to be a miscegenist, the LORD didn't sanction your
treason but you decided you were above it all and went ahead anyway.
As if any deity would be so insecure as to care about who gets
married to who.
Post by eohoe
You've been listening to too much liberal propaganda and it has turned
your brain to mush. The Jews are laughing their asses off.
Those of the Jewish religion care no more, or less, about Ed than
anyone else on earth.
Post by eohoe
The LORD tends his garden and pulls the weeds. Your failure will no
doubt be resolved as a meme in what not to do.
No. You will connect something no mentally sound person would
ever connect. You will then claim your fictional god was the cause of
it.
Post by eohoe
http://eohoe.tripod.com/aims.htm
"The war between Heaven & Hell depends on the choices we make, and those
choices require sacrifice. That's the test."
-Cogliostro, SPAWN
You are aware fictional cites can't be considered as valid by the
mentally sound, right?
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
e***@hotmail.com
2018-02-21 11:13:52 UTC
Permalink
Raw Message
You weren't born to be a miscegenist, the LORD didn't sanction your
treason but you decided you were above it all and went ahead anyway.

You've been listening to too much liberal propaganda and it has turned
your brain to mush. The Jews are laughing their asses off.

The LORD tends his garden and pulls the weeds. Your failure will no
doubt be resolved as a meme in what not to do.
******
No, I fell in love with a wonderful woman who happens to be black.

If your concept of the Lord disapproves of love, He’s an asshole!

But then, if he sends a huge storm, endangering thousands of people, thousands of miles away from the event he’s making a statement about, He’s an asshole as well!

For that matter, if YOU are His chosen representative, He’s certainly an asshole!
KWills (Shill #3)
2018-03-05 10:12:31 UTC
Permalink
Raw Message
Post by eohoe
You weren't born to be a miscegenist, the LORD didn't sanction your
treason but you decided you were above it all and went ahead anyway.
You've been listening to too much liberal propaganda and it has turned
your brain to mush. The Jews are laughing their asses off.
Mush, mush...........
https://www.reuters.com/article/us-alaska-iditarod/alaskas-iditarod-race-starts-with-smiles-barks-and-protests-idUSKCN1GG01O
You'll need to explain how your mental illness connects the
Iditarod with your racism. I don't see the connection.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
BDK
2018-02-20 19:21:55 UTC
Permalink
Raw Message
Post by eohoe
Post by BDK
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
BWHAHAHAHAHAHAHAHAHA! You're just batshit crazy.
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.
So he sends a cyclone to another country, across da verlt, because the
US dropped laws against interracial marriage?

BWHAHAHAHAHAHAA!
Post by eohoe
The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!
At your age, you won't have to worry about living all that much longer
anyway. And hopefully, your kind of insanity will follow you soon into
the past.
Post by eohoe
As for you, BDK is synonymous with 'Dirt Bag' and your Ad Hominem
attacks prove it every time.
Just the truth, you're batshit crazy, and do an amusing, "Internet tough
guy".
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
eohoe
2018-02-21 07:02:23 UTC
Permalink
Raw Message
Post by BDK
Post by eohoe
Post by BDK
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
BWHAHAHAHAHAHAHAHAHA! You're just batshit crazy.
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.
So he sends a cyclone to another country, across da verlt, because the
US dropped laws against interracial marriage?
No, because it coincided with the death of an icon of MISCEGENATION
Post by BDK
BWHAHAHAHAHAHAA!
Post by eohoe
The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!
At your age, you won't have to worry about living all that much longer
anyway. And hopefully, your kind of insanity will follow you soon into
the past.
It's stuff like your crazy Ad Hominem attacks that makes you the
'Immortal Dirtbag'.
Post by BDK
Post by eohoe
As for you, BDK is synonymous with 'Dirt Bag' and your Ad Hominem
attacks prove it every time.
Just the truth, you're batshit crazy, and do an amusing, "Internet tough
guy".
Obviously, "you can't handle the truth."
--

Abrahamic religions are Pharaonic co-option schemes.
BDK
2018-02-21 08:08:46 UTC
Permalink
Raw Message
Post by eohoe
Post by BDK
Post by eohoe
Post by BDK
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
BWHAHAHAHAHAHAHAHAHA! You're just batshit crazy.
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.
So he sends a cyclone to another country, across da verlt, because the
US dropped laws against interracial marriage?
No, because it coincided with the death of an icon of MISCEGENATION
Post by BDK
BWHAHAHAHAHAHAA!
Post by eohoe
The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!
At your age, you won't have to worry about living all that much longer
anyway. And hopefully, your kind of insanity will follow you soon into
the past.
It's stuff like your crazy Ad Hominem attacks that makes you the
'Immortal Dirtbag'.
I'm Immortal? Cool...

But my "attacks" are just obvious things you do that I point out.
Post by eohoe
Post by BDK
Post by eohoe
As for you, BDK is synonymous with 'Dirt Bag' and your Ad Hominem
attacks prove it every time.
Just the truth, you're batshit crazy, and do an amusing, "Internet tough
guy".
Obviously, "you can't handle the truth."
Truth is, you're a crazy old man who needs, but obviously doesn't take,
medication.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
eohoe
2018-02-21 08:23:31 UTC
Permalink
Raw Message
Post by BDK
Post by eohoe
Post by BDK
Post by eohoe
Post by BDK
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
BWHAHAHAHAHAHAHAHAHA! You're just batshit crazy.
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.
So he sends a cyclone to another country, across da verlt, because the
US dropped laws against interracial marriage?
No, because it coincided with the death of an icon of MISCEGENATION
Post by BDK
BWHAHAHAHAHAHAA!
Post by eohoe
The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!
At your age, you won't have to worry about living all that much longer
anyway. And hopefully, your kind of insanity will follow you soon into
the past.
It's stuff like your crazy Ad Hominem attacks that makes you the
'Immortal Dirtbag'.
I'm Immortal? Cool...
But my "attacks" are just obvious things you do that I point out.
Post by eohoe
Post by BDK
Post by eohoe
As for you, BDK is synonymous with 'Dirt Bag' and your Ad Hominem
attacks prove it every time.
Just the truth, you're batshit crazy, and do an amusing, "Internet tough
guy".
Obviously, "you can't handle the truth."
Truth is, you're a crazy old man who needs, but obviously doesn't take,
medication.
No, it's the Truth that's driving you Crazy that's why they name Dirt
Bag characters in movies after your Nym.
KWills Shill #3
2018-02-21 10:10:59 UTC
Permalink
Raw Message
Post by eohoe
Post by BDK
Post by eohoe
Post by BDK
Post by eohoe
Post by BDK
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
BWHAHAHAHAHAHAHAHAHA! You're just batshit crazy.
Mildred Loving, the "Matriarch of Interracial Marriage", died on 5/2/08.
To coincide with this event the LORD sent Cyclone Nargis against
Myanmar (Burma) killing massive amounts of people, they stopped counting
when the death toll reached 138k.
So he sends a cyclone to another country, across da verlt, because the
US dropped laws against interracial marriage?
No, because it coincided with the death of an icon of MISCEGENATION
Post by BDK
BWHAHAHAHAHAHAA!
Post by eohoe
The MORONS who fall into the miscegenation TRAP put everybody else at
risk. Is that a risk that we want to live with? Not me!
At your age, you won't have to worry about living all that much longer
anyway. And hopefully, your kind of insanity will follow you soon into
the past.
It's stuff like your crazy Ad Hominem attacks that makes you the
'Immortal Dirtbag'.
I'm Immortal? Cool...
But my "attacks" are just obvious things you do that I point out.
Post by eohoe
Post by BDK
Post by eohoe
As for you, BDK is synonymous with 'Dirt Bag' and your Ad Hominem
attacks prove it every time.
Just the truth, you're batshit crazy, and do an amusing, "Internet tough
guy".
Obviously, "you can't handle the truth."
Truth is, you're a crazy old man who needs, but obviously doesn't take,
medication.
No, it's the Truth that's driving you Crazy that's why they name Dirt
Bag characters in movies after your Nym.
Except, of course, the character isn't named after BDK. But you
already know this.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
KWills Shill #3
2018-02-20 10:23:18 UTC
Permalink
Raw Message
Post by eohoe
Post by e***@hotmail.com
Happily married 39 years now. No reason to come back from anything.
You, on the other hand, have nothing but ranting on this ng.
Nothing you have ever done has made any change in the direction of this country, or this world.
Hurricanes aren't caused by butterflies flapping their wings in Costa
Rica, Hurricanes are caused by miscegenation.
You will, of course, provide the VALID, VERIFIABLE evidence, lest
you offer the default admission that your claim is a product of your
well documented mental illness.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
KWills Shill #3
2018-02-20 10:23:05 UTC
Permalink
Raw Message
Post by eohoe
Post by e***@hotmail.com
Post by eohoe
If you got rid of all the Abrahamic religions, it would mean nothing to you. No one would turn around and say; “We need the Pharohes back! Where’s that eohoe guy?”
If you got rid of all the Abrahamic religions there would be no Gang
Stalking or Psychotronic abuse or White genocide and an end to most of
the kiddie fuckers.
Most of that isn't happening anyway,
It's all happening, in SPADES and because I'm speaking Truth to Power in
spite of the costs I'm the threat that they're trying to remove. You,
on the other hand, are a SHILL that is part of the cover-up with your
LIES, DISINFORMATION and feigned VIRTUE.
How does your LYING benefit you?
Post by eohoe
Post by e***@hotmail.com
the child abuse would still happen, it just wouldn't be under the Church.
it wouldn't be tolerated
It's not tolerated now.
Post by eohoe
Post by e***@hotmail.com
Having said that, your rant still doesn't address my point that without the Abrahamic religions, there would still be a total of NO people crying for you to come and save them as their Pharoah
I already saved humanity a long time ago from the EVIL Sabbatean plot to
turn the Pyramid & Imperial Eagle into tokens of hebephilia and
statutory rape of the eternal virgin. The EVIL still abounds but I
deprived it of it's Ultimate desire and there by changed the World.
How does your LYING benefit you?
Post by eohoe
Post by e***@hotmail.com
Post by eohoe
Abrahamic religions are Pharaonic co-option schemes.
And you are a sad little loser who's never going to have anything but ranting on this ng.
The DEVIL got your soul a long time ago when you took up with that
Negress of yours and you're still trying somehow to get it back with
your Virtue Signing and such but it ain't working, eh LOSER?
Once you go Black you can't come Back!
I'm surprised you and Marston haven't become lovers considering
how much you two are bat guano crazy and racist.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
KWills Shill #3
2018-02-20 10:22:46 UTC
Permalink
Raw Message
Post by e***@hotmail.com
Post by eohoe
If you got rid of all the Abrahamic religions, it would mean nothing to you. No one would turn around and say; “We need the Pharohes back! Where’s that eohoe guy?”
If you got rid of all the Abrahamic religions there would be no Gang
Stalking or Psychotronic abuse or White genocide and an end to most of
the kiddie fuckers.
Most of that isn't happening anyway, the child abuse would still happen, it just wouldn't be under the Church.
Having said that, your rant still doesn't address my point that without the Abrahamic religions, there would still be a total of NO people crying for you to come and save them as their Pharoah
Post by eohoe
Abrahamic religions are Pharaonic co-option schemes.
And you are a sad little loser who's never going to have anything but ranting on this ng.
Uh oh! Now you'll be added to his list of people he's gonna sue
if he ever sees any money from the alleged oil patch.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
BDK
2018-02-20 08:19:03 UTC
Permalink
Raw Message
Post by eohoe
If you got rid of all the Abrahamic religions, it would mean nothing to you. No one would turn around and say; ?We need the Pharohes back! Where?s that eohoe guy??
If you got rid of all the Abrahamic religions there would be no Gang
Stalking or Psychotronic abuse or White genocide and an end to most of
the kiddie fuckers.
Abrahamic religions are Pharaonic co-option schemes.
Oh please, there would still be bad stuff happening, but maybe you would
get some treatment instead of raving like the loon you are.
--
BDK: Head Government Shill, Psychotronic World Dominator. Master of
Remote Viewing. Level 7 expert in kOOkStudies.
Former FEMA camp activities director. Head Strategic Writer. Former
Black Helicopter color consultant.
KWills Shill #3
2018-02-20 10:22:31 UTC
Permalink
Raw Message
Post by eohoe
If you got rid of all the Abrahamic religions, it would mean nothing to you. No one would turn around and say; “We need the Pharohes back! Where’s that eohoe guy?”
If you got rid of all the Abrahamic religions there would be no Gang
Stalking or Psychotronic abuse or White genocide
None of that is happening now.
Post by eohoe
and an end to most of
the kiddie fuckers.
Religion isn't what causes pedophilia.
Post by eohoe
Abrahamic religions are Pharaonic co-option schemes.
So you claim. But the evidence is lacking. Especially since the
Pharaonic religion had a pantheon of gods while the Abrahamic have
only one.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
KWills Shill #3
2018-02-20 10:22:07 UTC
Permalink
Raw Message
Post by eohoe
Post by marston shores
Post by eohoe
You sure did a lot of cross-posting to ML.
You sure prove you need Rev. Larson in your life. Will you call him and
be set free of your demons?
Abrahamic Religions are Pharaonic co-option schemes
Why do you keep posting about Satan, demons and the other aspects
of the Abrahamic religions then?
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
eohoe
2018-02-14 21:29:28 UTC
Permalink
Raw Message
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I ask this because, as far as I know, Libel requires the injured party show that there have been damages to his reputation and his finances by the actions of the person making the comments.
Eohoe has to show your comments caused him direct damage. If we don’t know his actual identity, then nothing that’s said here affects his life outside this ng.
Further, newsgroups are, for the most part, dead. The media’s that would actually affect a person are on the web, Facebook, Snapchat, Instagram, those are the places where comments could cause social and financial distress. And even then, it has to be shown that your comments can be applied to the real life person under the nym “eohoe.”
I make no attempts to try and hide my identity which has been known on
this NG for years and years.

Did you ever try clicking on the link in the "America's Unknown
Political Prisoner" thread?

http://eohoe.tripod.com/prisoner.html

Your hateful attempts to undermine my legitimate and timely concerns are
patently fraudulent and obviously the work of a disinfo agent.
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when the oil patch money comes in, thus opening himself to the reality that there may be NO oil patch money at all.
Oh, the oil patch is real and so is my interest in it. Remember our
little discussion where you declined my offer of a discourse on the
mechanics of supply and demand? You're such a MORON!
e***@hotmail.com
2018-02-15 01:00:27 UTC
Permalink
Raw Message
Then why did you say; “If?”
eohoe
2018-02-15 01:23:25 UTC
Permalink
Raw Message
Post by e***@hotmail.com
Then why did you say; “If?”
Life is full of uncertainties or haven't you figured that out by now?
e***@hotmail.com
2018-02-15 03:42:14 UTC
Permalink
Raw Message
Post by eohoe
Post by e***@hotmail.com
Then why did you say; “If?”
Life is full of uncertainties or haven't you figured that out by now?
Oh, I'm aware of that! You're the one that was going on and on about "when" the oil patch money was coming in, now it's "if and when."
eohoe
2018-02-15 04:39:08 UTC
Permalink
Raw Message
Post by e***@hotmail.com
Post by eohoe
Post by e***@hotmail.com
Then why did you say; “If?”
Life is full of uncertainties or haven't you figured that out by now?
Oh, I'm aware of that! You're the one that was going on and on about "when" the oil patch money was coming in, now it's "if and when."
If it's the degree of certainty that you're harping on let me just say
that during the oil boom our land was leased out to the oil companies.
With the bust in prices the lease was not renewed nor was it renewed for
for any of the other properties in the area. When the price of oil gets
to where it's profitable to drill again they'll be back and as they say:
"there are no dry holes in the Bakken".
e***@hotmail.com
2018-02-15 06:15:16 UTC
Permalink
Raw Message
So, there’s actually no interest in your little patch of land currently? Look up the fable about counting chickens before they hatch.
eohoe
2018-02-15 06:58:35 UTC
Permalink
Raw Message
Post by e***@hotmail.com
So, there’s actually no interest in your little patch of land currently? Look up the fable about counting chickens before they hatch.
I think in your case the controlling fable that explains your dismissive
mien is called "sour grapes".
e***@hotmail.com
2018-02-15 08:18:51 UTC
Permalink
Raw Message
I’m not the one planning a budget for money no one has offered me yet!
KWills Shill #3
2018-02-15 10:26:34 UTC
Permalink
Raw Message
Post by eohoe
Then why did you say; “If?”
Life is full of uncertainties or haven't you figured that out by now?
One thing is certain. You will NEVER file suit against anyone. It
would result in you having a court ruling of insane for you.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
KWills Shill #3
2018-02-15 10:25:45 UTC
Permalink
Raw Message
Post by e***@hotmail.com
BDK, do you know who eohoe is? His actual name, address and occupation?
I'm not BDK, but...
According to his web site, his real name is Allen Drugge.
It used to claim he lives in Portland, OR. It now lists Seattle,
WA as his city of residence.
I have no idea what his address is.
BDK once linked to a site that listed Allen as owning an
Engineering consulting company. If I recall correctly, it's estimated
to do over $100,000 a year.
Post by e***@hotmail.com
I ask this because, as far as I know, Libel requires the injured party show
that there have been damages to his reputation and his finances by the
actions of the person making the comments.
You are correct.
Post by e***@hotmail.com
Eohoe has to show your comments caused him direct damage.
According to Allen, BDK is"...at least smart enough to stay away
from "actionable libel"..."

Message-ID: <755a01db-b3c2-4243-ae36-***@googlegroups.com>

Allen is currently upset with Marston.
Post by e***@hotmail.com
If we don’t
know his actual identity, then nothing that’s said here affects his life outside
this ng.
We do know what he claims as his real name. Confirming it is far
more work than I am willing to invest.
Post by e***@hotmail.com
Further, newsgroups are, for the most part, dead. The media’s that would
actually affect a person are on the web, Facebook, Snapchat,
Instagram, those are the places where comments could cause social and
financial distress. And even then, it has to be shown that your
comments can be applied to the real life person under the nym “eohoe.”
Allen is upset with Marston claiming he's gay. Considering how
little credibility Marston has, even if the claim were made outside of
Usenet, no one would believe it. In fact, Marston making the claim is
grounds to presume Allen is all about the ladies.
Post by e***@hotmail.com
I also notice eohoe has started making the comment; IF and when
the oil patch money comes in, thus opening himself to the reality that
there may be NO oil patch money at all.
Allen is getting up there in age. If he has given his birth date,
I don't recall it, but claims on his site to be 75. He may be thinking
of his own mortality and how he will likely be dead long before any
oil money is realized.
--
Shill #3.
Strategic Writer, Psychotronic World Dominator and FEMA camp
counselor.
https://c2.staticflickr.com/4/3618/5747904676_1e202191d3_b.jpg
All hail the taco! http://www.taconati.org/
KWills Shill #3
2018-02-04 10:40:35 UTC
Permalink
Raw Message
Post by marston shores
Post by eohoe
You're a LIAR and a LIBELER,
Your demons make you lie.
Post by eohoe
now get the hell out of my threads.
Make me, homo!
Is projecting your homosexuality your new trick?
Serious question.

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
marston shores
2018-02-04 18:48:44 UTC
Permalink
Raw Message
Post by KWills Shill #3
Is projecting your homosexuality
I'm no homo, fiend. Rev. Larson cast out that demon.
KWills Shill #3
2018-02-04 21:18:48 UTC
Permalink
Raw Message
Post by marston shores
Post by KWills Shill #3
Is projecting your homosexuality
I'm no homo, fiend. Rev. Larson cast out that demon.
Interesting. So you *were* actively gay?
Demons are fictional. You may be repressing your true sexual
orientation, but doing so will only lead you to misery.

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
marston shores
2018-02-08 06:24:39 UTC
Permalink
Raw Message
Post by KWills Shill #3
Interesting.
Are you serious?

http://www.iowacourts.state.ia.us
http://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )

http://www.doc.state.ia.us/InmateInfo.asp?OffenderCd=1155768

Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD = Tentative Discharge Date * SDD = Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003

http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-0202.asp?search=+Kent+Wills+#_1


IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005

STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.

Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.

Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.

WIGGINS, Justice.

Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills' trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.

I. Background Facts and Proceedings.

Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident's neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor's residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor's attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor's
driveway.

The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner's daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor's parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.

The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.

The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.

II. Scope of Review.

Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills' ineffective-
assistance-of-counsel claims on direct appeal.

In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when "there is a reasonable probability that, but
for the counsel's unprofessional errors, the result of the proceeding
would have been different." State v. Hopkins, 576 N.W.2d 374, 378
(Iowa 1998) (quoting Strickland, 466 U.S. at 694, 104 S. Ct. at 2068,
80 L. Ed. 2d at 698). Wills' arguments also raise issues of statutory
interpretation, which we review for correction of errors at law.
State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004).

III. Analysis.

To find Wills guilty of burglary in the second degree, the State had
to prove Wills perpetrated a burglary "in or upon an occupied
structure in which one or more persons are present . . . ." Iowa Code
§ 713.5(2) (2003) (emphasis added).

In this appeal, Wills first contends his trial counsel was ineffective
for failing to move for a judgment of acquittal on the basis there was
insufficient evidence to support a finding that at the time Wills
entered the garage, there were persons present in or upon the occupied
structure. Wills concedes the garage was an occupied structure, but
argues the living quarters and the attached garage are separate and
independent occupied structures; therefore, the jury could not have
found there were people present in the attached garage at the time of
the burglary.

The Code defines an "occupied structure" as:

[A]ny building, structure, appurtenances to buildings and structures,
land, water or air vehicle, or similar place adapted for overnight
accommodation of persons, or occupied by persons for the purpose of
carrying on business or other activity therein, or for the storage or
safekeeping of anything of value. Such a structure is an "occupied
structure" whether or not a person is actually present.

Id. § 702.12.

Wills relies on State v. Smothers, 590 N.W.2d 721 (Iowa 1999), to
argue the garage and the living quarters are separate and independent
occupied structures. In Smothers, two separate and distinct
businesses connected by interior fire doors were operated in the same
structure. 590 N.W.2d at 723. We held the defendant committed two
burglaries by entering each business because "[t]he facility's
construction history and physical make-up demonstrate that the
portions are independent working units which constitute '[a]
combination of materials to form a construction for occupancy [or]
use.'" Id. Smothers is not at odds with the present case because the
living quarters and the garage are not separate or independent units
of the residence.

Our review of the record reveals the garage in question was a three-
car attached garage separated from the living quarters by a door. The
same roof covered the garage as the rest of the residence. The living
quarters surrounded the garage on two sides. It was structurally no
different from any other room in the residence.

The garage was a functional part of the residence. On the night of
the incident, the door was unlocked. The owner of the residence used
two stalls in the garage to park the family vehicles. The owner used
the third stall for his motorcycle. As such, the garage and the
living quarters are a single "structure" or "building" functioning as
an integral part of the family residence. Thus, the residence
including the garage is a single "occupied structure" under section
702.12. See, e.g., People v. Ingram, 48 Cal. Rptr. 2d 256 (Ct. App.
1995) (holding defendant's entry into an attached garage constituted
first-degree burglary because the garage was attached to the house;
therefore, burglary of the garage was burglary of an inhabited
dwelling house); People v. Cunningham, 637 N.E.2d 1247, 1252 (Ill.
App. Ct. 1994) (holding "ordinarily an attached garage is a 'dwelling'
because it is part of the structure in which the owner or occupant
lives"); State v. Lara, 587 P.2d 52, 53 (N.M. Ct. App. 1978) (holding
"burglary of the [attached] garage was burglary of the dwelling house
because the garage was a part of the structure used as living
quarters"); People v. Green, 141 A.D.2d 760, 761 (N.Y. App. Div. 1988)
(holding "[s]ince the garage in the present case was structurally part
of a building which was used for overnight lodging of various persons,
it must be considered as part of a dwelling"); White v. State, 630 S.W.
2d 340, 342 (Tex. Ct. App. 1982) (holding an attached garage under the
same roof as the home would be considered a habitation within the
purview of the penal code because the garage is a structure
appurtenant to and connected to the house); State v. Murbach, 843 P.2d
551, 553 (Wash. Ct. App 1993) (holding the definition of a dwelling
under Washington's burglary statute included an attached garage).

Had Wills' trial counsel moved for a judgment of acquittal on the
basis there was insufficient evidence to support a finding that at the
time Wills entered the garage there were no persons present in or upon
the occupied structure, it would have been overruled by the court
because the owner and his family were present in the residence at the
time of the burglary.

Wills also claims his counsel was ineffective for failing to object to
the jury instruction used by the district court on the same ground;
that the living quarters were a separate and independent occupied
structure from the attached garage. The instruction as given stated:

The State must prove all of the following elements of Burglary in the
Second Degree as to Count I:

1. On or about the 12th day of August, 2003, the defendant or someone
he aided and abetted broke into or entered the residence at . . . .

2. The residence at . . . was an occupied structure as defined in
Instruction No. 29.

3. The defendant or the person he aided and abetted did not have
permission or authority to break into the residence at . . . .

4. The defendant or the person he aided and abetted did so with the
specific intent to commit a theft therein.

5. During the incident persons were present in or upon the occupied
structure.

If the State has proved all of the elements, the defendant is guilty
of Burglary in the Second Degree. If the State has failed to prove
any of the elements, the defendant is not guilty of Burglary in the
Second Degree and you will then consider the charge of Attempted
Burglary in the Second Degree explained in Instruction No. 21.

(Emphasis added.)

Wills' claim is without merit. As we have discussed, the residence is
the one and only "occupied structure" under the facts of this case.
Had Wills' trial counsel made this objection to the instruction, it
would have been overruled.

Therefore, Wills' trial counsel is not ineffective for failing to move
for a judgment of acquittal or objecting to the instruction because
there was no legal basis for the motion or objection. See State v.
Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was
not ineffective for failing to raise an issue that has no merit).

IV. Disposition.

We affirm the judgment of the district court because Wills' trial
counsel was not ineffective for failing to raise meritless issues.

AFFIRMED.
KWills Shill #3
2018-02-08 10:31:47 UTC
Permalink
Raw Message
Post by marston shores
Post by KWills Shill #3
Post by marston shores
Post by KWills Shill #3
Is projecting your homosexuality
I'm no homo, fiend. Rev. Larson cast out that demon.
Interesting. So you *were* actively gay?
Demons are fictional. You may be repressing your true sexual
orientation, but doing so will only lead you to misery.
Are you serious?
Yes.
I note you "ran away" from the question I asked.

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
KWills Shill #3
2018-02-03 09:21:09 UTC
Permalink
Raw Message
Post by marston shores
Post by eohoe
http://eohoe.tripod.com/micro.htm
You are nucking futs!
Pretending your god is real, I doubt he would be fooled by your
spelling.
Post by marston shores
Call Rev. Larson to have your demons cast out,
before it's too late.
All Lar$on would do is take Allen's money.

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
marston shores
2018-02-03 22:26:35 UTC
Permalink
Raw Message
Post by KWills Shill #3
Pretending your god is real
Here is something real.

Kent B. Will's 2000 Felony, first of TWO in Iowa

WILLS, KENT BRADLEY 05771 FECR145250 (POLK)
01/24/2000 Offense Date THEFT 2ND DEGREE - 1978 (FELD) WITHDRAWN
01/24/2000 Offense Date THEFT 3RD DEGREE - 1978 (AGMS)
03/07/2000 DEFERRED JUDGMENT (At that time) Sentence: 365 Day(s)
03/07/2000 PROBATION INFORMAL; 8/07/01-TRNFRD TO FORMAL 365 Day(s)
03/07/2000 COMMUNITY SERVICE 50 Hour(s)
03/07/2000 REFERRED TO OTHER AGENCY 1ST TIME OFFENDER CLASS
08/07/2001 JAIL PROB HRG 11 Day(s)
08/07/2001 JAIL PROB HRG 11 Day(s) TIME SERVED
08/07/2001 PROBATION EXTENDED PROB HRG
04/16/2002 PROBATION EXTENDED TO 08/06/03
04/16/2002 IMPOSED 7 Day(s)
04/16/2002 OTHER/MISCELLANEOUS PROB HRG 6 Day(s)
04/16/2002 DETENTION PROB HRG 6 Day(s)
08/07/2003 PRIOR ORDERS CONTINUED PROB EXTENDED UNTIL 8-06-04
11/26/2003 REVOKED PROB HRG; PROBATION/DJ REVOKED; JAIL
11/26/2003 PLACEMENT HRG PROBATION/DJ REVOKED; JAIL120 Day(s)
11/26/2003 SUSPEND PROBATION/DJ REVOKED; TIME SERVED 106 Day(s)
11/26/2003 COMMUNITY CORR PROBATION/DJ REVOKED; JAIL 14 Day(s)
( When Kent's second Felony revoked the rest of his Probation.)


KBW > Greg is DESPERATE to deflect from the TRUTH
KBW > that he recently outted himself as the Tucci sock.

ms > Illogical Kentucci, it would serve him no purpose
ms > to make a sock to defend you, would it friend?
ms >
ms > It's all starting to close in on you, isn't it, liar?

In 2000 Kent was sent to jail for 120+ days for thieving.

In 2004 Kent was convicted to 10 years of prison but
instead he was sent to
Fort Des Moines Residential Correctional Center.

One of Kent's friends works in such a place and
pointed out they are called "halfway houses".

When asked WHY convicts are sent to those instead
of prison, Kim would not say, for fear the information
would be used on Kent.

However, "halfway houses" are well known and documented
as being for convicts with problems with Drug, Liquor, Mental
Illness or reintegration with society after long prison sentences.

Kent won't say which problem caused
Judge Michael D Huppert to send him
to a "half way house" called Fort Des
Moines Residential Correctional Center
instead of prison.

Of course, Kent is still trying to pretend
that Fort Des Moines Residential Correctional
center is the Fort Des Moines museum.

Charges, Dispositions, Sentences
Title: STATE VS KENT BRADLEY WILLS
Case: 05771 FECR176876 (POLK)
Citation Number:

Count 01
08/12/2003 Offense Date BURGLARY 2ND DEGREE - 1983 (FELC)
12/17/2003 Adj.Date: GUILTY
01/16/2004 Sentence 10 Year(s) SUSPENDED PRISON
01/16/2004 Sentence: PROBATION 2 Year(s)
01/16/2004 Sentence: RESIDENTIAL FACILITY FT DSM FACILITY-MAX
BENEFITS
01/16/2004 Sentence: COMMUNITY SERVICE 150 Hour(s)
12/17/2003 Sentence: JO-PROBATION EXTENDED UNTIL 1/16/09
01/25/2006 Sentence: IMPOSED PROBATION EXTENDED UNTIL 01/16/09
Count 02
08/12/2003 Offense BURGLARY 3RD DEGREE - UNOCCUPIED MOTOR VEHICLE
(AGMS)
12/17/2003 GUILTY
01/16/2004 Sentence: PRISON Duration: 2 Year(s) SUSPENDED PRISON
01/16/2004 Sentence: PROBATION Duration: 2 Year(s)
01/16/2004 Sentence: RESIDENTIAL FACILITY FT DSM FACILITY-MAX
BENEFITS
01/16/2004 Sentence: COMMUNITY SERVICE Duration: 150 Hour(s)
12/17/2003 Sentence: JO-PROBATION EXTENDED UNTIL 1/16/09
01/25/2006 Sentence: IMPOSED PROBATION EXTENDED UNTIL 01/06/09
Count 03
08/12/2003 USING JUVENILE TO COMMIT AN INDICTABLE OFFENSE(FELC)709A.
6(2)
12/17/2003 GUILTY
01/16/2004 Sentence: PRISON Duration: 10 Year(s)
01/16/2004 Sentence: SUSPENDED PRISON 10 Year(s)
01/16/2004 Sentence: PROBATION 2 Year(s)
01/16/2004 Sentence: RESIDENTIAL FACILITY FT DSM FACILITY-MAX
BENEFITS
01/16/2004 Sentence: COMMUNITY SERVICE 150 Hour(s)
12/17/2003 Sentence: JO-PROBATION EXTENDED UNTIL 1/16/09
01/25/2006 Sentence: IMPOSED PROBATION EXTENDED UNTIL 01/16/09
KWills Shill #3
2018-02-04 10:40:49 UTC
Permalink
Raw Message
Post by marston shores
Post by KWills Shill #3
Pretending your god is real
Here is something real.
Kent B. Will's 2000 Felony, first of TWO in Iowa
WILLS, KENT BRADLEY 05771 FECR145250 (POLK)
01/24/2000 Offense Date THEFT 2ND DEGREE - 1978 (FELD) WITHDRAWN
It shames me a bit to admit I only just now noticed that the
felony you quote was withdrawn. I can't know if Kent committed any
offence, but I do know your claim has been PROVED a lie with the
evidence you provided.

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
marston shores
2018-02-04 18:49:13 UTC
Permalink
Raw Message
Post by KWills Shill #3
It shames me a bit to admit
Admit you lied about Rev. Larson, fiend.
KWills Shill #3
2018-02-04 21:18:53 UTC
Permalink
Raw Message
Post by marston shores
Post by KWills Shill #3
It shames me a bit to admit
Admit you lied about Rev. Larson, fiend.
I've never lied about Lar$on. But you will cite at least one time
when I did.
Posting that I once supported him won't work. I erroneously
believed he was doing god's work at the time. Being wrong isn't
necessarily a lie.

What do the other members of Lar$on's cult think of your racist
views?
What do the other members of Lar$on's cult think of your claim
that Lar$on is the messiah?


About Bob Larson:
">He works hard at scamming gullible suckers, yes he does.
"Yes he does."
Marston agreeing that Lar$on scams people in Message-ID:
<onlk8g$31i$***@gioia.aioe.org>


"Shut up, gook! You have no right to demand anything."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogthh$1fvn$***@gioia.aioe.org>

"Whites and niggers should never mix! It's against God's will."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <o7ljuj$1ah7$***@gioia.aioe.org>

"Japan is full of gooks and gook lovers. When Jesus returns, he will
judge them as he will all the inferior races.
Praise God!"
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oogt9n$1fvn$***@gioia.aioe.org>

"I am proud to be a racist."
Marston Shores, racist and Bob Larson supporter,
Message-ID: <oem0sa$n6v$***@gioia.aioe.org>

"You probably have the mark of Cain (dark skin) on you now."
Marston Shores, racist and Bob Larson supporter,
in Message-ID: <oem0q3$n6v$***@gioia.aioe.org>


"I lied about the pictures."
Marston Shores admitting he lied about the pictures he claimed I
posted in Message-ID: <o2kkih$146k$***@gioia.aioe.org>

Me:Once again you PROVE that, for you, lying is as natural as
breathing. Not that this was ever in question.

Marston Shores: Indeed.

Marston Shores actually admitting lying is very easy for him in
Message-ID:<ol03uq$1mi0$***@gioia.aioe.org>

Moe: I'm glad I decided to be Pagan. The Goddess is way more
compassionate than that sadist.

Marston: There is no "Goddess", that's Satan deceiving you.

Me: And you would know, since you worship Satan.

Marston: That I would, heathen.

Marston Shores openly admitting he worships Satan in
Message-ID: <l62pt1$jvs$***@speranza.aioe.org>

Marston Shores claims Bob Lar$on is christ:
"I will make
sure of that for as long as you deny that Bob Larson can save your
immortal soul."
Message-ID: <o48bu9$tq6$***@gioia.aioe.org>


"You need to go to Bob Larson for salvation, Kentucci"
Marston Shores claiming Bob Larson is the savior in
Message-ID: <o2rktu$amb$***@gioia.aioe.org>


"You need Bob Larson in your life. He can save your soul."
Marston Shores claiming Bob Larson is the savior. Again.
Message-ID: <o2rl1g$amb$***@gioia.aioe.org>
marston shores
2018-02-08 06:25:21 UTC
Permalink
Raw Message
Post by KWills Shill #3
I've never lied
Are you serious?

http://www.iowacourts.state.ia.us
http://www.iowacourts.state.ia.us/ESAWebApp/DefaultFrame
( Start a case search here. )
http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame
( Trial Court - Case Search )
http://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame
( Wills (Tab key) Kent (Tab key) Bradley (Search) )

http://www.doc.state.ia.us/InmateInfo.asp?OffenderCd=1155768

Name Kent Bradley Wills Offender Number 1155768
Sex M Birth Date 01/08/1969 Age 39 Location Interstate Compact
Offense BURGLARY 2ND DEGREE County Of Commitment Polk
Commitment Date 01/16/2004 Duration TDD/SDD * 01/16/2009
* TDD = Tentative Discharge Date * SDD = Supervision Discharge Date
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk Probation C Felony
Polk
Supervision Status Offense Class County of Commitment End Date
Probation Aggravated Misdemeanor Polk 11/25/2003

http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20050506/04-0202.asp?search=+Kent+Wills+#_1


IN THE SUPREME COURT OF IOWA
No. 31 / 04-0202
Filed May 6, 2005

STATE OF IOWA,
Appellee,
vs.
KENT BRADLEY WILLS,
Appellant.

Appeal from the Iowa District Court for Polk County, Michael D.
Huppert, Judge.

Defendant appeals claiming ineffective assistance of
counsel. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Tricia Johnston,
Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney
General, John P. Sarcone, County Attorney, and John Judisch, Assistant
County Attorney, for appellee.

WIGGINS, Justice.

Kent Wills appeals his conviction for second-degree burglary
contending that an attached garage is a separate occupied structure
from that of the living quarters of the residence. In this appeal, we
must determine whether trial counsel was ineffective for (1) failing
to move for judgment of acquittal on the basis there was insufficient
evidence to convict Wills of second-degree burglary when he entered an
attached garage of a residence when no persons were present in the
garage, but when persons were present in the living quarters; and (2)
failing to object to a jury instruction based on this same argument.
Because we find there was no legal basis for the motion for judgment
of acquittal or the objection to the jury instruction, Wills' trial
counsel was not ineffective. Accordingly, we affirm the judgment of
the district court.

I. Background Facts and Proceedings.

Around 1 a.m., an Ankeny resident called the local police to report
that a car alarm sounded in the resident's neighborhood. The city
dispatched a police officer to the location. Observing nothing
unusual, the officer left the area, only to be stopped a couple of
blocks later by a person who informed the officer he had witnessed
someone running from the area of the car alarm. As the officer
started driving back to the area of the car alarm, he noticed a person
walking on the sidewalk. The officer asked the person, a minor, if he
had noticed anybody running from the area. The minor answered that he
had not. While the officer and another officer were speaking to the
minor, another resident of the neighborhood arrived in her car and
informed the officers that she had observed two people, one of whom
was heavy set with a blinking light on his back pocket, walking in the
area of her neighbor's residence. She observed the heavier-set
individual, later identified as Wills, enter her neighbor's attached
garage through an unlocked service door. She further observed a
smaller individual standing by a van parked in the neighbor's
driveway.

The officers eventually let the minor leave even though they found a
large amount of coins, a flashlight, and an electronic pocket
organizer in his pockets. After releasing the minor, the police
officers drove to the residence where the neighbor observed the two
suspicious people and woke the owner. The owner, his wife, and two
daughters were in the residence sleeping at the time. After a search
of his vehicles, the owner discovered change and an electronic pocket
organizer were missing from the vehicles. The owner's daughter
reported a diamond ring and some change were missing from her
vehicle. The officers then contacted the minor's parents, who
informed the officers the minor was with Wills. After the officers
questioned the minor again, he admitted his involvement in the theft
and implicated Wills in the burglary. Although Wills denied
involvement in the burglary, the officers arrested him.

The State filed a trial information charging Wills with second-degree
burglary. The State later amended the information to include two
additional charges of burglary in the third degree and using a
juvenile to commit an indictable offense.

The jury returned a verdict finding Wills guilty of the crimes of
burglary in the second degree, burglary in the third degree, and using
a juvenile to commit an indictable offense. Wills appeals his
conviction for second-degree burglary claiming ineffective assistance
of counsel.

II. Scope of Review.

Claims of ineffective assistance of counsel are derived from the Sixth
Amendment of the United States Constitution. Strickland v.
Washington, 466 U.S. 668, 684-86, 104 S. Ct. 2052, 2063-64, 80 L. Ed.
2d 674, 691-93 (1984). Our review for a claim involving violations of
the Constitution is de novo. State v. Fintel, 689 N.W.2d 95, 100
(Iowa 2004). We normally preserve ineffective-assistance-of-counsel
claims for postconviction relief actions. State v. Carter, 602 N.W.2d
818, 820 (Iowa 1999). However, we will address such claims on direct
appeal when the record is sufficient to permit a ruling. State v.
Artzer, 609 N.W.2d 526, 531 (Iowa 2000). The appellate record in the
present case is sufficient to allow us to address Wills' ineffective-
assistance-of-counsel claims on direct appeal.

In order for a defendant to succeed on a claim of ineffective
assistance of counsel, the defendant must prove: (1) counsel failed
to perform an essential duty and (2) prejudice resulted. Id.
Prejudice results when "there is a reasonable probability that, but
for the counsel's unprofessional errors, the result of the proceeding
would have been different." State v. Hopkins, 576 N.W.2d 374, 378
(Iowa 1998) (quoting Strickland, 466 U.S. at 694, 104 S. Ct. at 2068,
80 L. Ed. 2d at 698). Wills' arguments also raise issues of statutory
interpretation, which we review for correction of errors at law.
State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004).

III. Analysis.

To find Wills guilty of burglary in the second degree, the State had
to prove Wills perpetrated a burglary "in or upon an occupied
structure in which one or more persons are present . . . ." Iowa Code
§ 713.5(2) (2003) (emphasis added).

In this appeal, Wills first contends his trial counsel was ineffective
for failing to move for a judgment of acquittal on the basis there was
insufficient evidence to support a finding that at the time Wills
entered the garage, there were persons present in or upon the occupied
structure. Wills concedes the garage was an occupied structure, but
argues the living quarters and the attached garage are separate and
independent occupied structures; therefore, the jury could not have
found there were people present in the attached garage at the time of
the burglary.

The Code defines an "occupied structure" as:

[A]ny building, structure, appurtenances to buildings and structures,
land, water or air vehicle, or similar place adapted for overnight
accommodation of persons, or occupied by persons for the purpose of
carrying on business or other activity therein, or for the storage or
safekeeping of anything of value. Such a structure is an "occupied
structure" whether or not a person is actually present.

Id. § 702.12.

Wills relies on State v. Smothers, 590 N.W.2d 721 (Iowa 1999), to
argue the garage and the living quarters are separate and independent
occupied structures. In Smothers, two separate and distinct
businesses connected by interior fire doors were operated in the same
structure. 590 N.W.2d at 723. We held the defendant committed two
burglaries by entering each business because "[t]he facility's
construction history and physical make-up demonstrate that the
portions are independent working units which constitute '[a]
combination of materials to form a construction for occupancy [or]
use.'" Id. Smothers is not at odds with the present case because the
living quarters and the garage are not separate or independent units
of the residence.

Our review of the record reveals the garage in question was a three-
car attached garage separated from the living quarters by a door. The
same roof covered the garage as the rest of the residence. The living
quarters surrounded the garage on two sides. It was structurally no
different from any other room in the residence.

The garage was a functional part of the residence. On the night of
the incident, the door was unlocked. The owner of the residence used
two stalls in the garage to park the family vehicles. The owner used
the third stall for his motorcycle. As such, the garage and the
living quarters are a single "structure" or "building" functioning as
an integral part of the family residence. Thus, the residence
including the garage is a single "occupied structure" under section
702.12. See, e.g., People v. Ingram, 48 Cal. Rptr. 2d 256 (Ct. App.
1995) (holding defendant's entry into an attached garage constituted
first-degree burglary because the garage was attached to the house;
therefore, burglary of the garage was burglary of an inhabited
dwelling house); People v. Cunningham, 637 N.E.2d 1247, 1252 (Ill.
App. Ct. 1994) (holding "ordinarily an attached garage is a 'dwelling'
because it is part of the structure in which the owner or occupant
lives"); State v. Lara, 587 P.2d 52, 53 (N.M. Ct. App. 1978) (holding
"burglary of the [attached] garage was burglary of the dwelling house
because the garage was a part of the structure used as living
quarters"); People v. Green, 141 A.D.2d 760, 761 (N.Y. App. Div. 1988)
(holding "[s]ince the garage in the present case was structurally part
of a building which was used for overnight lodging of various persons,
it must be considered as part of a dwelling"); White v. State, 630 S.W.
2d 340, 342 (Tex. Ct. App. 1982) (holding an attached garage under the
same roof as the home would be considered a habitation within the
purview of the penal code because the garage is a structure
appurtenant to and connected to the house); State v. Murbach, 843 P.2d
551, 553 (Wash. Ct. App 1993) (holding the definition of a dwelling
under Washington's burglary statute included an attached garage).

Had Wills' trial counsel moved for a judgment of acquittal on the
basis there was insufficient evidence to support a finding that at the
time Wills entered the garage there were no persons present in or upon
the occupied structure, it would have been overruled by the court
because the owner and his family were present in the residence at the
time of the burglary.

Wills also claims his counsel was ineffective for failing to object to
the jury instruction used by the district court on the same ground;
that the living quarters were a separate and independent occupied
structure from the attached garage. The instruction as given stated:

The State must prove all of the following elements of Burglary in the
Second Degree as to Count I:

1. On or about the 12th day of August, 2003, the defendant or someone
he aided and abetted broke into or entered the residence at . . . .

2. The residence at . . . was an occupied structure as defined in
Instruction No. 29.

3. The defendant or the person he aided and abetted did not have
permission or authority to break into the residence at . . . .

4. The defendant or the person he aided and abetted did so with the
specific intent to commit a theft therein.

5. During the incident persons were present in or upon the occupied
structure.

If the State has proved all of the elements, the defendant is guilty
of Burglary in the Second Degree. If the State has failed to prove
any of the elements, the defendant is not guilty of Burglary in the
Second Degree and you will then consider the charge of Attempted
Burglary in the Second Degree explained in Instruction No. 21.

(Emphasis added.)

Wills' claim is without merit. As we have discussed, the residence is
the one and only "occupied structure" under the facts of this case.
Had Wills' trial counsel made this objection to the instruction, it
would have been overruled.

Therefore, Wills' trial counsel is not ineffective for failing to move
for a judgment of acquittal or objecting to the instruction because
there was no legal basis for the motion or objection. See State v.
Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (holding trial counsel was
not ineffective for failing to raise an issue that has no merit).

IV. Disposition.

We affirm the judgment of the district court because Wills' trial
counsel was not ineffective for failing to raise meritless issues.

AFFIRMED.
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