The Iowa Court of Appeals has held that the district court erred by failing to merge a Defendant’s convictions for intimidation with a dangerous weapon with intent and conspiracy to commit the same. Although conspiracy is distinct from an underlying offense, “a person may not be convicted and sentenced for both the conspiracy and for the public offense.” Iowa Code § 706.4. Where a defendant is found guilty of both conspiracy and the substantive offense, “the defendant should be sentenced solely on the substantive offense.” State v. Waterbury, 307 N.W.2d 45, 52 (Iowa 1981).
After filing a motion to suppress evidence, arguing that the seizure of my client’s vehicle was unconstitutional, the State offered and my client accepted a plea agreement in which the OWI charge was pled down to a simple misdemeanor public intoxication for a fine only. In addition, the fake id charge was dismissed, and my client’s driver’s license will be returned immediately, as the State agreed to a motion in limine that suppressed the chemical test result.
A probation revocation court can revoke probation but it cannot enhance, change, or alter the original sentence to make it worse or harder on the Defendant.
The U.S. Supreme Court held that a law which prohibits knowingly making any false statement does not criminalize statements that are misleading but not false.
The Iowa Supreme Court discusses how timing of plea and sentencing in two different cases in two different counties can have an effect on sentencing options. If a defendant is convicted of a felony in one county, and then sentenced for a prior crime which took place earlier in the other county, the defendant is not eligible for a deferred judgment.
The Iowa Supreme Court has held that police use of force reports are not confidential, and are subject to production under the Iowa Open Records Act.
Client’s Linn County disorderly conduct charge dismissed after completion of community service.
The Iowa Supreme Court has held that separate parole violation case numbers, even if ultimately dismissed, or based on a dismissed charge, cannot currently be expunged under Iowa Code section 901C.2.
The Iowa Supreme Court discusses what “cohabiting” means for purposes of domestic abuse assault.
The U.S. Supreme Court once again confirms that a prosecutor has a duty to correct false testimony, and the State must turn over any and all evidence which may be exculpatory, including that which may be used to impeach its witnesses.
The Iowa Supreme Court has held that convictions for attempt to commit murder and assault on persons in certain occupations do not merge. Under the controlling statute, merger is not required unless there are “verdict[s] of guilty of more than one offense and such verdict[s]” establish that one offense is “necessarily included in another public offense.” Iowa Code § 701.9 (2019).
The Iowa Supreme Court discusses the law’s timeline requirements and potential independent evaluations when it comes to establishing mental/psychological competency to stand trial.