The U.S. Supreme Court has once again discussed the parameters of the emergency aid doctrine as an exception to the 4th amendment, confirming that that police must have objectively reasonable grounds for believing that someone inside needs emergency assistance before entering the home without a warrant.
The Iowa Supreme Court has ruled that courts are without authority to impose court costs on defendants for dismissed charges or cases. However, if a Defendant appeals such an order, a prosecutor has the power to then reverse the entire plea deal, institute the case anew, and pursue any and all potential charges.
In a case in which the identity of the perpetrator is an issue, the Iowa Supreme Court has ruled that a district court judge should allow expert witness testimony regarding the strengths and weaknesses of eyewitness identification testimony as well as the proper procedures for photographic lineups and identifications so as to avoid false or erroneous identifications, and to fail to do so can be grounds for reversal and remand for retrial, as it was in this case.
The Iowa Supreme Court has held that an Iowa Code section 901C.3 expungement requires the court to expunge the entire case, regardless of conviction or dismissal of various counts. When a conviction is eligible for expungement, and it is paired with a dismissed count, the entire case must be expunged. However, in dicta, the Court also said that when one count is not eligible for expungement, then the other counts may not be expunged, unless there is some other statutory authority for expungement.
After the filing of a motion to suppress, arguing that my client’s rights were violated by the unconstitutional entry by police into his garage, a plea agreement was arrived upon, in which his aggravated misdemeanor OWI 2nd offense charge was pled down to a simple misdemeanor public intoxication charge for a minimum fine only.
Case Dismissed!
After trial on a criminal mischief charge, the Judge found my client not guilty! The Court held that as a matter of law, the State had failed to prove jurisdiction, and had failed to prove any actual damages.
Conviction Reversed, Dismissed, and Expunged!
Client DB was convicted of possession of drug paraphernalia in absentia. The problem was that DB never knew about the charge, never was notified, never was arrested, nor served with the complaint. The officer only mailed the complaint, which was insufficient due process, and actually mailed it the wrong address, even presuming mailing could be sufficient notice, which it was not. Such was a violation of due process.
Fast forward 8 years later, when DB came to learn about the conviction. DB hired Adam Pollack, who filed a motion to set aside the conviction, which was granted. The State then filed a motion to dismiss, which was granted. The Court then granted a motion to expunge. The case is now gone from my client’s record!
Client Found Not Guilty!
Client accused of trespass. After a bench trial, the judge found my client not guilty and dismissed the case. There were multiple defenses put forth, but the one the judge seized upon to find reasonable doubt was that there was insufficient evidence that the trespass warning was sufficiently noticed to my client. Therefore, my client did not knowingly trespass upon the property.
Iowa Court of Appeals reverses a conviction for introducing drugs or contraband into a jail or correctional facility. The Defendant did not have the drugs on her person, but rather it was the deputy who brought her bag into the jail.
Iowa Court of Appeals affirms the district court’s order restoring a petitioner’s firearms rights under Iowa Code section 724.31.
Iowa Court of Appeals discusses the requirements to exhaust administrative remedies when challenging a drug tax assessment.
Iowa Court of Appeals discusses requirements for stipulation to prior offense for sentencing enhancements.