Successful appeal regarding an expungement of an old case for my client. Initially, the magistrate denied the motion to expunge, holding that an exclusion statute applied to local ordinances. Upon further appeal, the district court ruled in my client’s favor, holding that the state exclusion statute did not apply to my client’s conviction.
Iowa Supreme Court holds that in a murder case, if the Defendant raises the argument that the decedent committed suicide, past medical records that support that defense should be admitted into evidence, as well as allowing expert testimony and lay testimony regarding the decedent’s suicidal ideation and attempts.
OWI case dismissed! Review of the video revealed that there was an insufficient constitutional basis to stop my client’s vehicle. The State agreed, an unopposed suppression motion was granted, the case has been dismissed, and my client will not be losing his driver’s license.
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.
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.
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.
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.
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.
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.
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