State of Iowa
v.
Walter Lee Miller, Jr.
Walter Miller Jr. seeks further review of the court of appeals decision affirming his convictions for possession of methamphetamine, third or subsequent offense, failure to affix a drug tax stamp, and assault while displaying a dangerous weapon. The court of appeals found the district court did not abuse its discretion in granting defendant’s counsel’s motion to withdraw and Miller’s request to waive his right to counsel and to represent himself. Miller asserts the district court was incorrect and the court of appeals misinterpreted the Iowa Rules of Professional Conduct when they found that withdrawal was mandatory as a matter of law. Instead, he argues Iowa Rule of Professional Conduct 32:1:16(1)(c) permits the district court to use its discretion to order representation to continue.
Resister
State of Iowa
Applicant
Walter Lee Miller, Jr.
Attorney for the Resister
Israel Kodiag
Attorney for the Applicant
Thomas Hurd
Supreme Court
Oral Argument Schedule
15-15-5
Mar 24, 2022 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (9 pages)
Walter Miller Jr. appeals his convictions for possession of methamphetamine, third or subsequent offense; failure to affix a drug tax stamp; and assault while displaying a dangerous weapon. OPINION HOLDS: We find the district court did not abuse its discretion in granting defense counsel’s motion to withdraw on the ground that further representation of Miller would violate the rules of professional conduct. Also, the court properly granted Miller’s request to waive his right to counsel and represent himself. We affirm Miller’s convictions.