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Case No. 18-2026

State of Iowa
v.
Adam Benjamin Burkhead

Appellee

State of Iowa

Appellant

Adam Benjamin Burkhead

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Appellant

Joel E. Fenton

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2026
Date Published:
Apr 15, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Adam Burkhead appeals his conviction for operating while intoxicated, first offense.  He believes the district court should have suppressed his breath test as he was unable to “validly consent to testing.”  He also condemns his trial counsel’s performance in raising the grounds for suppression.  OPINION HOLDS: Because the body camera footage showed the officer’s reasonable efforts to convey the implied consent warnings to Burkhead and to accommodate his explicit consent to submit to testing, we affirm the suppression ruling.  Next, because Burkhead’s prosecution is not one of those rare cases where the trial record alone is sufficient to resolve the claim of ineffective assistance of counsel, we reserve the claim for postconviction proceedings, if he decides to pursue them.

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