State of Iowa
v.
Timothy Alan Griffin
Appellee
State of Iowa
Appellant
Timothy Alan Griffin
Attorney for the Appellee
Anagha Dixit, Assistant Attorney General
Attorney for the Appellant
Theresa R. Wilson, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buena Vista County, Charles K. Borth and Nancy L. Whittenburg, Judges. REVERSED AND REMANDED FOR NEW TRIAL. Heard at oral argument by Ahlers, P.J., and Badding and Buller, JJ. Opinion by Ahlers, P.J. Dissent by Buller, J. (16 pages)
Timothy Griffin appeals his conviction for possession of methamphetamine, third or subsequent offense, as a habitual offender. OPINION HOLDS: Because the district court did not make the necessary meaningful inquiry to determine whether Griffin knowingly and voluntarily waived his right to counsel, we cannot conclude that Griffin’s waiver of counsel was knowing and voluntary. As a result, we must reverse and remand for a new trial. DISSENT ASSERTS: I do not condone rewarding difficult defendants with a new trial, find no reversible error in this record, and believe the majority holding to be deeply fact-bound or a misapplication of controlling precedent.
