State of Iowa
v.
Robert Evan Bruce
Appellee
State of Iowa
Appellant
Robert Evan Bruce
Attorney for the Appellee
Genevieve Reinkoester, Assistant Attorney General
Attorney for the Appellant
Amanda Heims
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Fremont County, Mark J. Eveloff and Kathleen A. Kilnoski, Judges. AFFIRMED. Considered by Mullins, P.J., May, J., and Blane, S.J. Opinion by Blane, S.J. (9 pages)
Robert Bruce appeals from a district court ruling excluding evidence that a passenger was not wearing a seatbelt when he drove his truck into a ditch while intoxicated, resulting in her serious injury. He contends, under the “but-for” test, the jury should have heard the evidence and been able to determine whether the passenger’s conduct was a “but-for” cause of her injuries. OPINION HOLDS: The district court did not abuse its discretion in ruling such evidence was not relevant. Accordingly, we affirm the ruling and conviction.
