State of Iowa
v.
Earl Booth-Harris
Earl Booth-Harris seeks further review after the court of appeals affirmed his conviction for first-degree murder. Booth-Harris contends the district court erred in denying his motion to suppress the photographic identification procedures because they were unduly suggestive and unreliable and violated his due process rights under the federal and state constitutions. He further claims his trial counsel was ineffective in failing to request a more thorough eyewitness identification instruction.
Appellee
State of Iowa
Appellant
Earl Booth-Harris
Attorneys for the Appellee
Darrel Mullins
Louis S. Sloven
Attorney for the Appellant
Nan Jennisch
Supreme Court
Oral Argument Schedule
15-15-5
Oct 22, 2019 1:00 PM Iowa Supreme Court Courtroom
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Des Moines County, John G. Linn, Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. (11 pages)
Earl Booth-Harris appeals his conviction for murder in the first degree. OPINION HOLDS: We find the district court properly denied Booth-Harris’s motion to suppress based on a claim of an impermissible suggestive identification procedure. We preserve for a possible postconviction relief action defendant’s due process claim raised under the Iowa Constitution and his claim defense counsel should have requested a different eyewitness identification instruction. We affirm Booth-Harris’s conviction for first-degree murder