State of Iowa
v.
Devontez David Voigts
Appellee
State of Iowa
Appellant
Devontez David Voigts
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Robert P. Ranschau, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Bethany Currie, Judge. AFFIRMED ON CONDITION AND REMANDED WITH DIRECTIONS. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by Mullins, J. (5 pages)
Devontez Voigts appeals his convictions of second-degree sexual abuse and willful injury causing bodily injury. He argues the district court erred in overruling his challenge to the racial composition of the jury pool, which violated his constitutional right to a jury drawn from a fair cross-section of the community. OPINION HOLDS: We agree with the district court that Voigts failed to meet his burden to establish a prima facie case of a fair cross-section violation. However, because the parties did not have the benefit of recent refinements to Iowa law, we remand the matter to the district court to give Voigts an opportunity to develop his argument that his constitutional right to an impartial jury was violated; if the court finds a violation occurred, it shall grant Voigts a new trial.