On Monday, April 17, Governor Branstad signed bills into law banning texting while driving and allowing for tougher action against driving while impaired. Previously, texting while driving was considered a secondary offense in Iowa, which meant police could not stop someone unless they believed another violation had occurred. Under the new law, police will be …
Supreme Court Rules in Favor of Client Arrested for Incorrectly Answering Illegal Question
In response to Gazette article: Iowa Supreme Court: Lying about felony record on gun form no crime I represented Mr. Downey at the district court level, and made several arguments on his behalf, one of which the Iowa Supreme Court addressed and found in my client’s favor, which was dispositive of the appeal, so they didn’t …
US Supreme Court Rules in Favor of Texas Man on Death Row
The US Supreme Court ruled in favor of Texas death row inmate Duane Buck, whose own lawyer brought forth evidence that he was more likely to be a danger in the future because he is black. Texas law states that a person must present future danger to be given the death sentence. Buck’s lawyer retained the testimony …
You Have the Right to Record the Police
North Carolina criminal defense attorney, Jesse Bright, was pulled over on February 26th while driving for Uber to make some extra money. Bright began recording the exchange as soon as the police officer walked up to his window. The officer, Sgt. Kenneth Becker, claimed that Bright was not allowed to record him. When Bright argued …
Controversy Sparks Over Police Departments with Personal DNA Databases
Police departments across the country are causing controversy by creating their own local DNA databases. The police departments state that having personal databases helps them solve crimes faster and prevent future crimes. Those opposed to these local DNA databases believe that it is just a way around the regulations that govern state and national databases. …
Iowa Supreme Court Rules On Search and Seizure Traffic Stop
The Iowa Supreme Court recently overturned the conviction of Jayel Coleman, who was arrested after he was discovered driving while barred. Coleman was driving his sister’s car when Eldridge police officer James Morris pulled him over. Morris had been checking license plates for stolen vehicles when he came across the car Coleman was driving. The …
Changes Are Here For Eyewitness Identification Procedures
Changes are here for Justice Department eyewitness identification procedures. Obtaining accurate and reliable information from eyewitnesses plays a key role in our criminal justice system. Eyewitness identifications are especially important as they are oftentimes central pieces of evidence in a criminal investigation. A standard eyewitness identification method is the “photo array” – when several photos …
Iowa Disability Rights Can’t Stand Trial
On March 16, 2016, a tragedy occurred in Council Bluffs, IA. That morning, Council Bluffs police officers found Jackie Dieckmann and Illa Pfeiffer dead in their home. Michael Dieckmann – who has severe schizophrenia – murdered them. Michael is Jackie’s son and Illa’s grandson, and has a long history of violence due to his mental illness. …
Iowa Traffic Ticket Lawsuit
An Iowa traffic ticket lawsuit could result in over 20,000 traffic tickets that were issued by the Iowa Department of Transportation to be invalidated and paid back to the drivers. This situation began in May 2016 when a 16 year-old, Peyton Atzen, was issued a speeding ticket by a DOT officer. He and his parents …
Addiction Is Now Categorized as a Brain Disorder
After a four-year evaluation process with over 80 experts involved, the American Society of Addiction Medicine (ASAM) has released a new definition of addiction. Instead of a behavioral issue, addiction is now considered to be a brain disorder. For decades, many believed that addiction was a moral, social and behavioral issue. The experts involved in …
When a Plea Deal Leads to Spying
Throughout the course of a trial, a defendant may decide to take a plea deal, which usually will shorten or lessen their sentence, or allow them different charges. Many times this plea deal will require that they give evidence or testify against someone else in the same case or a current ongoing investigation. This is …
What Accounts For More Arrests Than All Violent Crimes Combined? Marijuana.
Even though the war on drugs began 45 years ago, not much good has come of it. Since the late 1970s, drug possession arrests have skyrocketed. However, illicit drug use among Americans age 12 and older is higher than it was in the early 1980s. Accordingly, there has been no correlation found between drug-related arrests and …