State of Iowa
v.
Shewarence D. Gibbs
Appellee
State of Iowa
Appellant
Shewarence D. Gibbs
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Josh Irwin, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge. DISTRICT COURT JUDGMENT AFFIRMED IN PART AND REVERSED IN PART; CASE REMANDED WITH DIRECTIONS. Considered by Vaitheswaran, P.J., Ahlers, J., and Blane, S.J. Opinion by Blane, S.J. (11 pages)
Gibbs appeals his convictions of assault causing bodily injury (domestic abuse with penalty enhanced) and harassment in the third degree. He argues the district court erred by excusing a potential juror for cause when the State did not establish a qualifying basis, denying Gibbs’ motion for mistrial based on the prosecutor’s comments during closing argument, submitting a verdict-urging instruction to the jury, and applying the wrong standard in denying Gibbs’ motion for new trial. OPINION HOLDS: The district court did not abuse its discretion in excusing a potential juror, denying Gibbs’ motion for mistrial, and submitting a verdict-urging instruction to the jury. We do find an incorrect standard was used in ruling on Gibbs’ motion for new trial and remand the case to the district court to address that motion applying the correct weight-of-the-evidence standard.
