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Case No. 21-1140

State of Iowa
Jay Lee Lane Neubaum


State of Iowa


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:
Jul 20, 2022

            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. 

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