State of Iowa
v.
Wayne Patrick Gibson
Appellee
State of Iowa
Appellant
Wayne Patrick Gibson
Attorney for the Appellee
Louis S. Slovan, Assistant Attorney General
Attorney for the Appellant
Shawn C. McCullough
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge. AFFIRMED ON CONDITION AND REMANDED WITH DIRECTIONS. Considered by Bower, C.J., and Doyle and Schumacher, JJ. Opinion by Bower, C.J. (6 pages)
Wayne Gibson appeals his convictions for second-degree and third-degree sexual abuse, claiming the district court erred in denying his motion challenging the jury’s composition. OPINION HOLDS: Because Gibson did not have the benefit of either State v. Lilly, 930 N.W.2d 293, 301–08 (Iowa 2019), or State v. Veal, 930 N.W.2d 319, 328–330 (Iowa 2019), at the time of trial, we conditionally affirm and remand the matter to the district court to give Gibson an opportunity to develop his claim that his constitutional right to an impartial jury was violated.
