When a defendant makes concurrence of the court a condition of a plea pursuant to a plea agreement the court must allow the defendant to withdraw the plea if the judge does not agree to be bound by the plea agreement.
Mental health records and evidence of suicidal ideation or prior suicide attempt by alleged victim are relevant in determining whether decedent was murdered or committed suicide.
Aiding and abetting requires a specific intent jury instruction specifically pertaining to the requirements of aiding and abetting, and failure to provide such instructions is reversible error and requires a new trial.
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 Furthermore, my client’s drivers license revocation was rescinded, and full driving privileges have been restored.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.