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Case No. 19-1692

State of Iowa
v.
Markell Dishe Price

Appellee

State of Iowa

Appellant

Markell Dishe Price

Attorney for the Appellee

Sharon K. Hall, Assistant Attorney General

Attorney for the Appellant

Jason Dunn

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1692
Date Published:
Oct 06, 2021
Summary

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            Markell Price appeals from his convictions of second-degree murder and third-degree robbery.  Price challenges (1) the sufficiency of the evidence supporting his convictions, (2) the district court’s evidentiary ruling excluding a 911 call in which another person made incriminating statements about the murder, and (3) the court’s denial of his Batson challenge when the State used a peremptory strike on a Black potential juror.  OPINION HOLDS: Price failed to preserve error on either his sufficiency-of-the-evidence claims or his evidentiary challenge, so we do not reach the merits of those issues.  On de novo review, we affirm the district court’s denial of Price’s Batson challenge.  We affirm both of Price’s convictions.

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