Iowa Supreme Court holds that a term of probation requires a set fixed term of years, and cannot be for a range of time.
Iowa Supreme Court reverses conviction for assault causing injury, holding that the jury instructions on the self-defense justification claim, asserting the new stand your ground law, were erroneous. Case has been remanded for a new trial.
Iowa Supreme Court holds that a court cannot enter a no contact order for a dismissed charge. NCOs only can be entered to counts involving victims in which the defendant pled or was found guilty.
Iowa Court of Appeals holds that it is impermissible for a sentencing judge to take into consideration the Defendant’s insistence on taking the case to trial, maintaining his innocence, and refusing to admit guilt.
The Iowa Supreme Court has ruled that an antique muzzleloader rifle qualifies as a firearm within the meaning of Iowa Code section 724.26(1), which prohibits felons from possessing a firearm or offensive weapon.
Iowa Supreme Court holds that the unit of prosecution for indecent exposure is per person, not per exposure. Meaning, the Defendant was properly convicted of two counts for one exposure, because two persons observed the exposure; hence two counts.
Iowa Supreme Court holds that public safety can be an exception to Miranda or the 804.20 right to consult with an attorney or family member without unnecessary delay after arrival at the place of detention, BUT, the exception is narrow, with there being an objective immediate need for safety, and the officers must demonstrate that by immediately questioning exclusively about their safety concerns, without delay.
The Iowa Supreme Court reverses a conviction that relied upon inadmissible hearsay, when a witness testified regarding information contained in medical or business records. The exception to the hearsay rules allows the record to be admitted, but not oral testimony regarding what the record contained.
The Iowa Supreme Court has determined that in a case in which the Defendant, who filmed himself having consensual sex with his girlfriend, and later, after their break-up, posted the video on a porn website without her permission, plead guilty to harassment, the Defendant could not be required to register as a sex offender unless the State proved beyond a reasonable doubt that his crime was sexually motivated. “Sexually motivated” means that one of the purposes for commission of a crime [was] the purpose of sexual gratification of the perpetrator of the crime.” Under the plain language of the statute, it was not sufficient for the State to show that the crime involved sexual content or the offender had an interest in sexual content. Merely containing sexual content did not prove that his motive in posting the video was sexual as opposed to mere revenge or to annoy his former partner. The State was required to prove the “commission of [the] crime” was for the “purpose of sexual gratification of the perpetrator of the crime.” This the State failed to prove. Hence, the sentence was reversed and he will not be required to register as a sex offender, nor will he be subject to the life limitations such would require.
Iowa Court of Appeals rules that a law enforcement officer entering a subject’s vehicle to move it without permission to do so is not necessarily a community caretaking function, and that evidence obtained as a result of the illegal unconstitutional entry must be suppressed.
No contact protective order dismissed. Petitioner was not able to establish a domestic relationship as defined by the Iowa Code, which is required for an NCO, and therefore a motion to dismiss was granted.
The Iowa Supreme Court has issued a shocking ruling on gambling fraud. Gamblers beware. If you don’t win and someone else does, do not attempt to claim their winnings, even if they have authorized you to do so.