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Case No. 17-1301

State of Iowa
Kenneth Osborne Ary


State of Iowa


Kenneth Osborne Ary

Attorney for the Appellee

Kevin R. Cmelik, Israel J. Kodiaga, and Kelli A. Huser (until withdrawal), Assistant Attorneys General

Attorney for the Appellant

Thomas Hurd

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 07, 2018

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (9 pages)

            Kenneth Ary appeals his three convictions for delivery of a controlled substance (crack cocaine).  He maintains the district court erred on remand when it denied his second motion for new trial.  Additionally, he argues the judge on remand, who was the same judge that presided over his trial, should have granted his motion to recuse.  OPINION HOLDS: The district court issued a sufficiently detailed order denying the motion for new trial and did not abuse its discretion in denying Ary’s motion for new trial based on the weight of the evidence.  Because we do not have the proper record before us, we are unable to review Ary’s challenge to the district court’s denial of his motion to recuse.  We affirm.

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