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Case No. 19-0749

State of Iowa
v.
Doncorrion Spates

Appellee

State of Iowa

Appellant

Doncorrion Spates

Attorney for the Appellee

Richard Bennett, Assistant Attorney General

Attorney for the Appellant

Robert P. Ranschau, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0749
Date Published:
Oct 21, 2020
Summary

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris and Thomas A. Bitter, Judges.  CONDITIONALLY AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J. (20 pages)

            Doncorrion Spates appeals his conviction for murder in the first degree, attempted murder, and intimidation with a dangerous weapon.  OPINION HOLDS: Spates failed to establish any underrepresentation of a distinctive group in the jury venire was the result a systematic exclusion.  The district court did not abuse its discretion in denying a motion for new trial based on the weight of the evidence.  We remand to the district court to make additional findings regarding Spates’s second motion for new trial claiming he did not receive a fair trial due to race-related statements allegedly made by jurors.

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