State of Iowa
v.
Michael Buman
Defendant appealed from the judgment and sentence entered on his conviction of wanton neglect of a resident in a health care facility. Defendant contended the district court erred: (1) in admitting an exhibit into evidence concerning the minimum standards of nursing practice for registered nurses; (2) in giving a jury instruction which contained part of that exhibit; and (3) in denying his motion for judgment of acquittal on the grounds the evidence was insufficient to support his conviction of the offense. The court of appeals reversed and remanded for a new trial. The State seeks further review.
Applicant
State of Iowa
Resister
Michael Buman
Attorney for the Applicant
Linda J. Hines
Attorney for the Resister
Priscilla E. Forsyth
Supreme Court
Oral Argument Schedule
15-15-5
Nov 17, 2020 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge. CONVICTION REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by Doyle, J. Dissent by May, J. (14 pages)
Michael Buman appeals his conviction of wanton neglect of a resident in a health care facility. OPINION HOLDS: Because an exhibit listing the minimum standard of care for registered nurses and an instruction on the jury’s use of that exhibit could confuse the jury or lead it to misapply the law on the issue of whether Buman knowingly acted in a manner likely to injure the resident, we reverse Buman’s conviction and remand for new trial. DISSENT ASSERTS: Although the jury instructions were probably not perfect, I do not think they misled the jury. Reversal is not warranted. I respectfully dissent.