State of Iowa
v.
Jay Lee Lane Neubaum
Appellee
State of Iowa
Appellant
Jay Lee Lane Neubaum
Attorney for the Appellee
Martha A. Trout, Assistant Attorney General
Attorney for the Appellant
Maria Ruhtenberg, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Monona County, Duane E. Hoffmeyer, Judge. AFFIRMED. Considered by Greer, P.J., Chicchelly, J., and Carr, S.J.* Opinion by Greer, P.J. (5 pages)
Jay Lee Neubaum challenges the dismissal of his combined motions for new trial and in arrest of judgment alleging prosecutorial misconduct during the State’s closing argument. OPINION HOLDS: Because Neubaum failed to either object to the controverted statements or make a motion for mistrial before the case was submitted to the jury, the district court did not abuse its discretion by denying Neubaum’s combined motions for a new trial and in arrest of judgment. Without these objections, the district court’s choice not to address the issue sua sponte is not reversible error. Further, Iowa does not allow for plain error review to bypass this timing problem.