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Case No. 21-1383

State of Iowa
Daniel Richard Definbaugh


State of Iowa


Daniel Richard Definbaugh

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Melinda J. Nye, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 17, 2022

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (14 pages)

            Daniel Definbaugh appeals his convictions for two counts of second-degree sexual abuse, alleging insufficient evidence corroborates his admissions.  He also claims statements made at his house should be suppressed because they were made prior to receiving his Miranda warnings.  He alleges questioning at the police station occurred after he invoked his right to counsel.  He also claims questioning at both locations included promises of leniency.  OPINION HOLDS: We find sufficient evidence supports Definbaugh’s admissions.  The district court properly denied Definbaugh’s motion to suppress his admissions at his residence.  And while we determine the statements made at the law enforcement center were made after an invocation of counsel, such statements were cumulative to previous statements made by Definbaugh.  Lastly, we determine no promises of leniency were made.  Accordingly, we affirm. 

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