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Case No. 18-0365

State of Iowa
v.
Robert Earl Rivers, Jr.

Appellee

State of Iowa

Appellant

Robert Earl Rivers, Jr.

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

John Dirks

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0365
Date Published:
May 15, 2019
Summary

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Mullins, JJ.  Opinion by Mullins, J.  (13 pages)

            Robert Rivers Jr. appeals his convictions of eluding and driving while barred.  He argues (1) the district court’s denial of his Batson challenge violated his right to equal protection under the federal constitution, (2) the use of peremptory strikes under Iowa Rule of Criminal Procedure 2.18 violates due process and the right to an impartial jury under the state and federal constitutions, (3) the State failed to provide sufficient evidence to support the charges and the court therefore erred in denying his motions for judgment of acquittal, and (4) his counsel rendered ineffective assistance in failing to object to testimony and evidence derived from the forensic examination of a cellular phone.  OPINION HOLDS: We affirm Rivers’s convictions of eluding and driving while barred.

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