State of Iowa
v.
Adam Benjamin Burkhead
Appellee
State of Iowa
Appellant
Adam Benjamin Burkhead
Attorney for the Appellee
Genevieve Reinkoester, Assistant Attorney General
Attorney for the Appellant
Joel E. Fenton
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.