Iowa Court Appeals rules that an officer lacked reasonable suspicion to stop a vehicle that struck a light pole in a parking lot.
State agrees to dismiss Assault with a Dangerous Weapon charge, for my client simply was doing a welfare check, concerned for the safety of her neighbor.
After deposition revealed that striking of alleged victim was inadvertent and unintentional, State agrees to dismiss Assault Causing Injury charge, for assault requires specific intent, and such intent clearly was absent.
Iowa Court of Appeals rules that law enforcement had insufficient reasonable suspicion to stop a vehicle which did not match the description of a reckless driver.
Iowa Court of Appeals rules that law enforcement did not have legal grounds to enter the garage of a suspect who had been observed driving recklessly, twice crashing into a ditch and then driving into a cornfield, for neither exigent circumstances nor community caretaking functions were grounds to engage in a warrantless entry into the Defendant’s garage, even though the officers knocked and heard the Defendant say, “I’m coming.” Hence, OWI charge had to be dismissed.
After successful motion to suppress, in which the Court agreed with the defense motion that the stop of my client was unconstitutional and without probable cause, the State moved to dismiss all charges against my client, including Operating While Intoxicated (OWI) and Possession of Firearm While Intoxicated. Furthermore, my client’s drivers license revocation was rescinded, and full driving privileges have been restored.
A fixed sentencing policy by a judge is improper, and requires remand for a re-sentencing before a different judge.
There can be no burglary or trespass when the common area or lobby of an occupied structure or building may potentially be open to the public, and the state has failed to prove beyond a reasonable doubt that the defendant would have an objective belief that the structure was not open to the public.
Kidnapping requires more than a mere seizure, but proof of confinement that makes the additional or separate other crime worse. The confinement element of Kidnapping is not established simply by evidence that the defendant impeded the victim’s movement by pointing a handgun at the victim for a period of time before shooting and killing him.
Iowa Supreme Court releases several cases concerning analysis of how to determine whether there is a fair cross section of the community representation in Iowa jury pools:
Iowa Supreme Court holds that under the expungement statute, a Defendant must pay all legally required costs and fees, including court-appointed attorney fees, before the Defendant is eligible for expungment of dismissed charges.
Iowa Court of Appeals holds that there was insufficient evidence produced at trial proving a felony conviction, which was necessary for the charge of felon in possession of a firearm, and therefore dismissal was required.