Iowa Supreme Court holds that the right of confrontation includes the right to an in person live cross-examination of an accuser or witness, as opposed to video conference testimony. However, there may be exceptions, and the Court has not yet ruled upon whether COVID provides an exception to the rule.

Read a case on the issue here

Iowa Supreme Court rules that the Iowa Code section 321J.11 right to independent testing is not violated when a Defendant asks for a re-test on the Datamaster and is given a re-test on that machine. Although the Defendant has a right to an independent test of blood or urine, as long as the officer gives the Defendant the test which he requests, there is no violation unless the Defendant specifically requests a different kind of test.

Read the case

Iowa Department of Transportation rescinds license revocation as a result of the violation of my client’s 804.20 rights to a phone call to an attorney or family member.

Iowa Supreme Court rules that the insanity defense must be included in the marshalling instructions for each and every offense, both major and lesser included offenses, and including the insanity defense marshalling instruction for the lesser included offenses but not the main felony is error that requires a new trial.

Read the case here

Iowa Court of Appeals holds that police entry into enclosed porch area without consent/permission violates the 4th Amendment of the U.S. Constitution and Article I section 8 of the Iowa Constitution.

Read the case here

Iowa Supreme Court rules that eluding while in possession of marijuana and the separate charge of possession of marijuana do not merge; hence, a defendant can be convicted of and punished for both separately.

Read the case here

Iowa Court of Appeals reverses drug possession and possession with intent conviction, finding that the evidence required too much speculation and too many inferences to prove beyond a reasonable doubt that the Defendant knew there were drugs present and had the right and authority to maintain control over them.

Read the case here

 

Iowa Department of Transportation rescinds license revocation as a result of the violation of my client’s 804.20 rights to a phone call to an attorney or family member.


Iowa Court of Appeals rules that an accommodation defense must be allowed when a Defendant is charged with possession with intent to deliver controlled substances if there is evidence to support such a defense. The defendant argued that a portion of the marijuana in his possession was to be given away to and shared with folks, which was less than half an ounce (as required by the statute), and was not for sale, and that the rest of the marijuana in his possession was for his own personal use, not sale. The court reversed the conviction and remanded for retrial with the defense to be presented to the jury.

https://www.iowacourts.gov/courtcases/10138/embed/CourtAppealsOpinion

Client’s driving while barred charge dismissed after proof of a temporary restricted license was provided to the State.

Iowa Court of Appeals holds that in the context of expungement, the transfer or merger of charges from one case to another constitutes the transferor case being “otherwise dismissed” and therefore eligible for expungement.

Read the case here

 

Iowa Court of Appeals confirms that consent to search or enter a home must be unequivocal, and merely saying “Okay” in response to a police officer’s statement that he was going to enter is not sufficient for the state to establish consent, for such is mere acquiescence, not consent.

Read the case here