State v. Matheson, 684 N.W.2d 243 (Iowa 2004). · Go Syfert
State v. Matheson, 684 N.W.2d 243 (Iowa 2004). Cases Citing This Book View Copy Cite
68 citation events (68 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Cited for
At page 244 Admissibility of victim impact statements in sentencing25 citing cases“legal training helps equip those in the profession to remain unaffected by matters that should not influence the determination.”8 citing courts quote it
  • State of Iowa v. Dean Edward Hilpipre, No. 22-2033 (Iowa Ct. App. May 8, 2024).published
    ([L]egal training helps equip those in the profession to remain unaffected by matters that should not influence the determination.)
  • Mickael Clemann v. Iowa Dist. Court for Scott Cnty., No. 22-0863 (Iowa Ct. App. Dec. 6, 2023).published
    ([L]egal training helps equip those in the profession to remain unaffected by matters that should not influence the determination.)
  • State of Iowa v. Dylan Anthony McCombs, No. 21-1964 (Iowa Ct. App. Mar. 29, 2023).published
    ([L]egal training helps equip those in the profession to remain unaffected by matters that should not influence the determination.)
  • State of Iowa v. Tait Otis Purk, No. 18-0208 (Iowa Ct. App. Nov. 6, 2019).published
    ([A]n appellate court is less likely to reverse when improper evidence is introduced in bench trials in which the matter is for a judge’s determination rather than for determination by a jury.)
  • State of Iowa v. Carlos Ariel Gomez Garcia, 904 N.W.2d 172 (Iowa 2017).published
    ([Ljegal training helps equip those in the profession to remain unaffected by matters that should not influence the determination.)
  • State of Iowa v. Mitchell Scott Gahagan, No. 16-0206 (Iowa Ct. App. June 7, 2017).published
    (But we cannot ignore the error 13 here by assuming the sentencing court did not consider it. In the first place, the court did not state the inadmissible evidence would not be a factor in determination.)
  • State of Iowa v. Mitchell Scott Gahagan, No. 16-0209 (Iowa Ct. App. June 7, 2017).published
    (But we cannot ignore the error here by assuming the sentencing court did not consider it. In the first place, the court did not state the inadmissible evidence would not be a factor in determination.)
  • State of Iowa v. Jose Luis Aguilar, No. 14-1225 (Iowa Ct. App. Oct. 14, 2015).published
    (It is true, as the State suggests, that an appellate court is less likely to reverse when improper evidence is introduced in bench trials in which the matter is for a judge’s determination rather than for determination…)
  • In the Interest of C.R., Minor Child, No. 13-1538 (Iowa Ct. App. Aug. 13, 2014).published
    ([A]n appellate court is less likely to reverse when improper evidence is introduced in bench trials in which the matter is for a judge’s determination rather than for determination by a jury.)
  • State of Iowa v. Laron D'Pree Hampton, No. 18-1522 (Iowa Ct. App. June 3, 2020).published 3 cites
    “Authority to submit impact statements is authorized under Iowa Code section 915.21 and is wholly statutory.” State v. Matheson, 684 N.W.2d 243, 244 (Iowa 2004).
Show 15 more citing cases
  • State of Iowa v. David Jay Nuno, No. 17-1963 (Iowa Ct. App. Apr. 3, 2019).published
    State v. Matheson, 684 N.W.2d 243, 244 (Iowa 2004).
  • State of Iowa v. Gregory Hintze, No. 18-1418 (Iowa Ct. App. Mar. 6, 2019).published
    State v. Matheson, 684 N.W.2d 243, 244 (Iowa 2004).
  • State of Iowa v. Lamont Prince Sr., No. 16-1455 (Iowa Ct. App. Aug. 16, 2017).published
    Because this case proceeded as a bench trial, Prince benefitted from having a trained legal expert serve as his fact finder. “[L]egal training assists the fact finder in a bench trial ‘to remain unaffected by matters that should not influe…
  • State of Iowa v. Brian James Maxwell, No. 15-1392 (Iowa Ct. App. Nov. 9, 2016).published
    State v. Matheson, 684 N.W.2d 243, 244 (Iowa 2004) (citation omitted).
  • State of Iowa v. Daniel Jason, No. 14-1162 (Iowa Ct. App. Oct. 28, 2015).published 2 cites
    Jason maintains that State v. Matheson, 684 N.W.2d 243, 244 (Iowa 2004), requires we assume the court considered the improper “evidence” because it was not specifically disavowed by the court.
  • State of Iowa v. David Anthony Araiza, No. 14-1142 (Iowa Ct. App. Sept. 10, 2015).published
    (stating authority is “wholly statutory)
  • State of Iowa v. Warren William Lovell, No. 13-1895 (Iowa Ct. App. Sept. 17, 2014).published 3 cites
    We recognize “legal training helps equip those in the profession to remain unaffected by matters that should not influence the determination.” State v. Matheson, 684 N.W.2d 243, 244 (Iowa 2004).
  • State of Iowa v. Destiny Lynn Chambers, No. 4-057 / 13-0984 (Iowa Ct. App. Mar. 12, 2014).published 4 cites
    The State made the same argument in State v. Matheson, 684 N.W.2d 243, 244 (Iowa 2004), citing Sailer’s presumption of regularity.
  • State of Iowa v. Ryan N. Trowbridge, No. 3-1202 / 12-2272 (Iowa Ct. App. Mar. 12, 2014).published
    (noting courts are less likely to reverse when inadmissible evidence is introduced in a bench trial than in a jury trial)
  • State v. Tesch, 704 N.W.2d 440 (Iowa 2005).published
    (holding where impermissible victim impact statements were submitted containing information regarding unrelated crimes committed in another state, error was not harmless)
  • State of Iowa v. Amy Lois Rasmussen, No. 22-1144 (Iowa Ct. App. Aug. 30, 2023).published
    (determining the district court considered an impermissible victim impact statement because the court overruled an objection to its admission and nothing in the record suggested the court later concluded the statement co…)
  • State of Iowa v. Chad Michael Vice, No. 21-0247 (Iowa Ct. App. Nov. 2, 2022).published
    See State v. Matheson, 684 N.W.2d 243, 244 (Iowa 2004).
  • State of Iowa v. Chad Michael Gillson, No. 15-2045 (Iowa Ct. App. May 17, 2017).published 2 cites
    See State v. Matheson, 684 N.W.2d 243, 244 (Iowa 2004).
  • State v. Decker, 744 N.W.2d 346 (Iowa 2008).published
    (noting that “legal training helps equip those in the profession to remain unaffected by matters that should not influence the determination)
  • State Of Iowa Vs. Errol Edward Decker, No. 101 / 06-0478 (Iowa Feb. 8, 2008).published
    (noting that “legal training helps equip those in the profession to remain unaffected by matters that should not influence the determination)
At page 245 “as a minimum the court should make it clear the offending evidence was not a consideration.”8 citing cases4 citing courts quote it
  • State of Iowa v. Hannah Leeann Johnston, No. 24-0302 (Iowa Ct. App. Dec. 18, 2024).published
    (As a minimum the court should make it clear the offending evidence was not a consideration.)
  • State of Iowa v. Joseph Thomas Gentile, No. 23-1808 (Iowa Ct. App. Oct. 16, 2024).published
    (As a minimum the court should make it clear the offending evidence was not a consideration.)
  • State of Iowa v. Amanda Marie Taylor, No. 13-1071 (Iowa Ct. App. June 11, 2014).published
    (As a minimum the court should make it clear the offending evidence was not a consideration.)
  • State of Iowa v. Jesse Tyrone Davis, No. 24-0837 (Iowa Ct. App. Oct. 1, 2025).published
    State v. Matheson, 684 N.W.2d 243, 245 (Iowa 2004) (per curiam) (“As a minimum the court should make it clear the [improper factor] was not a consideration [at sentencing].”).
  • State of Iowa v. Christopher Ryan Nichols, No. 20-0570 (Iowa Ct. App. Mar. 3, 2021).published
    Even so, Nichols suggests resentencing is required by State v. Matheson, 684 N.W.2d 243, 245 (Iowa 2004), and State v. Hintze, No. 18-1418, 2019 WL 1056082 (Iowa Ct. App. Mar. 6, 2019).
  • State of Iowa v. Carlos Ruiz Vasquez, No. 25-1793 (Iowa Ct. App. June 24, 2026).published
    See State v. Matheson, 684 N.W.2d 243, 245 (Iowa 2004).
  • State v. Horst, No. 17-1171, 2018 WL 542638 (Iowa Ct. App. Jan. 24, 2018).published
    See State v. Matheson, 684 N.W.2d 243, 245 (Iowa 2004) (advising district courts to “make it clear the offending evidence was not a consideration” when improper evidence is introduced at sentencing).
  • State of Iowa v. Justin Eugene Merch., No. 16-1191 (Iowa Ct. App. Aug. 16, 2017).published
    (noting it is not always fatal when a district court learns of improper evidence and instructing the court to “make it clear the offending evidence was not a consideration)
Retrieving the full opinion text from the archive…
STATE of Iowa, Appellee,
v.
Robert Benjamin MATHESON, Appellant
02-1743.
Supreme Court of Iowa.
Jul 21, 2004.
Published opinion
684 N.W.2d 243
2004 Iowa Sup. LEXIS 217
2004 WL 1738670
Linda Del Gallo, State Appellate Defender, and Martha J. Lucey, Assistant State Appellate Defender, for appellant., Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, Rosalise Olson, County Attorney, and Edward W. Bjornstad, Assistant County Attorney, for appellee.
Larson.
Cited by 33 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #40,737 of 633,719
Citer courts: Court of Appeals of Iowa (2)
PER CURIAM.

The sole issue in this appeal from a criminal sentencing is exceptionally narrow. Impact statements by victims of an out-of-state crime should not have been admitted into evidence. The State contends the error in admitting them was harmless and thus does not require reversal. We conclude the error was not harmless and therefore reverse and remand. So doing, we vacate a contrary determination by the court of appeals.

The underlying facts are as outrageous and ominous as they are bizarre. Defendant, Robert Benjamin Matheson, worked at a plant in Spirit Lake where he assaulted three women. In each case, Matheson spent several months developing a work-related relationship so none of the three were concerned about his intentions when he planned private meetings with them during times the plant was closed. Each of the three meetings, though, turned into a frightening experience for the women involved. After about an hour, Matheson would suddenly grab the victim, subdue her, and bind her arms and, in the case of one of the women, her legs. After thus[*244] restraining them, Matheson took photographs of the women. Needless to say, it was a highly traumatic experience for the victims. Each feared being raped. Although the physical injuries were not extensive — muscle tissue damage, bruising, and red marks — the psychological damage to each was extreme and lasting.

After being charged, Matheson pled guilty to three counts of false imprisonment in violation of Iowa Code section 710.7(9) (2001) and two counts of second-degree burglary in violation of sections 713.1 and 713.5. At the sentencing hearing, the State offered, among other things, three victim-impact statements relating to a similar but separate crime committed by Matheson in Illinois, where that case was prosecuted." The Illinois statements were admitted in the present case over Mathe-son’s objection. Matheson does not challenge evidence of the crime or his conviction in Illinois; his challenge is limited to admission in this case of the impact statements offered by the victims of the Illinois crime.

The objection was well taken. Authority to submit impact statements is authorized under Iowa Code section 915.21 and is wholly statutory. A victim under our statute includes only those who are affected by a crime “committed in this state.” Iowa Code § 915.10(3).

The State contends the error in admitting the evidence was harmless and points to the presumption that a sentencing court does not ordinarily consider an impermissible factor. State v. Sailer, 587 N.W.2d 756, 759 (Iowa 1998). The State argues the harmlessness is apparent from the fact the court did not mention the Illinois impact statement in listing reasons for sentencing selection. [1] It is true, as the State suggests, that an appellate court is less likely to reverse when improper evidence is introduced in bench trials in which the matter is for a judge’s determination rather than for determination by a jury. Jasper v. State, 477 N.W.2d 852, 857 (Iowa 1991) (In a bench trial, a court’s mere knowledge of inadmissible evidence does not predicate error if the court states it will not consider the inadmissible evidence.). This is because legal training helps equip those in the profession to remain unaffected by matters that should not influence the determination.

But we cannot ignore the error here by assuming the sentencing court did not consider it. In the first place, the court did not state the inadmissible evidence would not be a factor in its determination. The evidence challenged here was offered specifically to influence the sentencing selection. The sentencing court here must have overruled defendant’s objections by determining the evidence was admissible, and there is nothing in the record to indicate the court ever changed its mind. So the State is not rescued by our holding in State v. Ashley, 462 N.W.2d 279, 282 (Iowa 1990) (“The fact that the sentencing judge was merely aware of the uncharged offense is not sufficient to overcome the presumption that his determination was properly exercised.... [Tjhere must be an affirmative showing that the trial judge actually relied on the [information].”). Under the facts in the present case, unlike those in Ashley and the cases it cites, the appropriateness of the challenged factor was made an issue when the evidence was offered and challenged at the sentencing hearing.

[*245] Neither is the error rescued by our holding in State v. Sumpter, 438 N.W.2d 6, 9 (Iowa 1989) (no prejudice where the court concluded, although the victim-impact statements were hostile and bitter and expressed a strong desire for the ultimate retribution, they told the judge little, if anything, that was not already apparent). The Illinois impact statements told the sentencing judge here a good deal more than would otherwise be known. Sumpter is not on point.

It might not always be fatal when evidence of this kind invades the record. But error is not cured when the sentencing court merely omits the tainted evidence in its list of sentencing considerations. As a minimum the court should make it clear the offending evidence was not a consideration. Such a disclaimer is lacking here.

We reverse and remand the case for resentencing by a judge who has not read the Illinois impact statements.

DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED; CASE REMANDED WITH INSTRUCTIONS.

All justices concur except LARSON, J., who takes no part.
1

. Matheson was sentenced to ten years for both counts of second-degree burglary and one-year sentences for each of the three false imprisonment counts — to be served consecutively.