A Defendant’s sentence has been reversed and remanded by the Iowa Court of Appeals. When sentencing for willful injury causing bodily injury, the judge referenced that the Defendant “almost killed” the victim. However, the Defendant never admitted that was his intent nor was there evidence such was the case. The court de facto sentenced the …

Read More…

In reversing several convictions of a Defendant, the Iowa Court of Appeals has held that psilocybin is different from psilocyn, so if charged with one, proof of the other is insufficient for conviction. Further, when it comes to a firearms charge, the allowable unit of prosecution is each incident of firearm possession, or the number …

Read More…

Understanding Impaired Driving: Decoding OWI, DUI, and DWI

Understanding OWI, DUI, and DWI: What Do They Mean? – Exploring the differences and legal implications of OWI, DUI, and DWI across different states and the importance of seeking legal assistance when facing charges. Introduction: Understanding OWI, DUI, and DWI Operating While Intoxicated (OWI), Driving Under the Influence (DUI), and Driving While Intoxicated (DWI) are …

Read More…

Navigating OWI/DUI/DWI Charges: Legal Issues, Defenses, and Impact

Operating While Intoxicated (OWI), Driving Under the Influence (DUI), and Driving While Intoxicated (DWI) are varying terms used to describe the same legal offense of operating a vehicle under the influence of alcohol or other substances. The legal implications and consequences of such charges can be severe, often resulting in fines, license revocation, mandatory educational …

Read More…

Understanding Ignition Interlock Devices

Ignition Interlock Devices: Their Purpose, Legal Implications, and Iowa Requirements Overview of Ignition Interlock Devices Ignition Interlock Devices (IIDs) are crucial tools in preventing individuals from driving under the influence of alcohol. These devices are essentially breathalyzer devices (a.k.a. “blow and go”) that are installed in vehicles, and they function by requiring the driver to …

Read More…

U.S. Supreme Court discusses the mens rea/scienter requirements when interpreting criminal statutes and formulating proper jury instructions. https://www.law.cornell.edu/supremecourt/text/20-1410#writing-20-1410_SYLLABUS …

Read More…

Interesting decision by the U.S. Supreme Court on criminal harassment and the 1st amendment calls into question the validity of many state harassment statutes, and their enforcement/prosecution, and the standards required to pass constitutional muster. https://www.law.cornell.edu/supremecourt/text/22-138#writing-22-138_OPINION_4 …

Read More…

Iowa Educator Acquitted of Child Endangerment Charge

Iowa Educator Acquitted of Child Endangerment Charge Imperfect parenting isn’t necessarily a crime. There is a huge difference between merely creating a risk or potential risk of harm vs. KNOWINGLY creating a SUBSTANTIAL risk of harm, the latter being the standard the law requires. https://www.newsbreak.com/news/3103788863436-jury-acquits-former-iowa-educator-charged-after-he-left-child-home-alone?_f=app_share&s=i4&pd=0CFqeUWA&lang=en_US&send_time=1690508651&trans_data=%7B%22platform%22%3A0%2C%22cv%22%3A%2223.28.0.32%22%2C%22languages%22%3A%22en%22%7D&fbclid=IwAR3aI6DcHTyUEBAiPOYFSoikvX1eJ1z2UTzDzxi34hlxymnkANjNzXLo850   …

Read More…

New TRL Law regarding Eluding

As of July 1, 2023, some of those convicted of eluding now will be eligible for work permits. However, those who are deemed habitual violators, with one of the convictions being eluding, will not be eligible. https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:78b1999e-cfc0-39ab-b35a-86120c8509ce       …

Read More…

Iowa Supreme Court holds that the 6th Amendment requires a jury to find facts that increase or decrease punishment, if such would be punitive/punishment as part of a criminal case. $150,000 restitution in a death case is punitive, and as such, requires a specific finding that the Defendant caused the death if there is an …

Read More…