CASE STATEMENT

 

No. 07-2068

 

Linn County No. FECR06680

 

 

STATE OF IOWA,

Plaintiff-Appellee-Resister,

 

vs.

 

KYLE ANTHONY MARIN,

          Defendant-Appellant-Applicant.

 

 

Court of Appeals opinion writer: Mansfield, J.

 

Trial Judge: Robert E. Sosalla

 

 

Appellate Counsel:

Tomas Rodriguez, State Appellate Defender, and Dennis D. Hendrickson, Assistant Appellate Defender, for appellant.

 

          Thomas J. Miller, Attorney General, Cristen Douglass, Assistant Attorney General, Harold Denton, County Attorney, and Jason Burns, Assistant County Attorney, for appellee.

 

Trial Counsel:

          Thomas Diehl and David Cmelik, Assistant Public Defenders, for appellant.

 

          Harold Denton, County Attorney, and Jason Burns, Assistant County Attorney, for appellee.

.

 

Ready date: 12-12-08

 

General case description: The defendant appeals from his convictions for two counts of murder in the first degree. He argues the trial court erred (1) in failing to correctly instruct the jury on the element of malice aforethought, (2) in failing to suppress his statements (and evidence acquired as a result thereof ) because the statements were obtained in violation of Iowa Code section 804.20 (communications by arrested persons), and (3) in failing to adequately instruct the jury on the issue of involuntary intoxication.