Iowa Supreme Court holds that when a defendant is charged with domestic abuse assault, the defendant is entitled to have a jury instruction defining what it means to reside or cohabit with a household member.
Iowa Supreme Court rules that theft by taking under Iowa Code section 714.1(1) is limited to situations where the person obtains property without consent. Even if the consent is obtained by fraud, it isn’t a theft by taking, but rather theft by deception.
Driving While Barred Reversal
Iowa Court of Appeals reverses driving while barred conviction for lack of evidence, for the State failed to produce sufficient evidence to establish that the notice that the drivers license was being barred had been mailed to the Defendant.
Insufficient Probable Cause
Insufficient probable cause to search vehicle based on search of passenger outside of vehicle, which determined that the passenger had a warrant and illegal items on his person, and smelled like marijuana. However, there was no probable cause to believe the vehicle contained illegal items.
Iowa Supreme Court Reversal
The Iowa Supreme Court has reversed my client’s conviction of a false answer on a gun permit application, remanding for dismissal of the charge. It held that Iowa Code section 724.17 does not criminalize falsely answering an unauthorized question on an application to acquire a weapon permit (even assuming the answer was false). The legislature limited that which the gun permit application could require, by using the words “shall require only,” followed by a list of items relating to identity. The question the State alleged my client answered falsely was a question not authorized by the statute to be asked, one which pertained to criminal history. Instead, the statute imposed a duty on the sheriff to run a criminal history check based on the identifying information provided, not for the individual to answer questions about their criminal history. Hence, the State could not prosecute him for his allegedly false answer to a question the legislature did not authorize.
Regardless, it always was the defense’s position that the answer to the question was not in fact false, for it depended upon how the question was interpreted. The question was vague, ambiguous, and compound, which in logic is a fallacy known as a double-barreled question. Because of these interpretive issues, my client misunderstood the question. When the sheriff’s deputy asked my client the question in a non-compound, clearer fashion, he answered accurately. Ultimately, the permit to acquire was denied. Nevertheless, the State decided to arrest and charge my client with a class D felony.
Iowa Supreme Court Clarifies Procedure
Iowa Supreme Court clarifies the procedures required for a plea to be knowing and voluntary, and for a Defendant to be sentenced under a habitual offender sentencing enhancement.
Iowa Court of Appeals Reverses Conviction
Iowa Court of Appeals reverses conviction based on State’s striking jurors based on race motivation.
State Dismisses All Charges for OWI
After a successful motion to suppress ruling, wherein the judge held that the stop of my client’s vehicle was unconstitutional, and all of the evidence was suppressed, the State dismissed all charges against my client – Operating While Intoxicated and no headlights.
Obtained dismissal of my client’s charges of child endangerment and reckless discharge of a firearm.
Insufficient Evidence – Domestic Relationship
Iowa Court of Appeals holds that a domestic no contact order cannot be granted where there is insufficient evidence of an intimate or domestic relationship.
Suppression of Evidence
Iowa Court of Appeals holds that excessive length and scope of detention for investigation unrelated to traffic stop purpose requires suppression of the evidence.
Traffic Stop – No Reasonable Suspicion of Crime
Iowa Supreme Court rules that when the reason for a traffic stop or other seizure is resolved and there is no other basis for reasonable suspicion of crime, the Iowa Constitution requires that the driver must be allowed to go on his or her way immediately, without further ado or delay, and the stop must be terminated.