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Case No. 17-1372

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Paul Joseph Hopkins

Appellee

State of Iowa

Appellant

Paul Joseph Hopkins

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1372
Date Published:
Aug 15, 2018
Summary

            Appeal from the Iowa District Court for Monroe County, Lucy J. Gamon, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (8 pages)

            Paul Hopkins appeals his conviction for extortion, challenging (1) his trial attorney’s failure to request a jury instruction defining the “threat” required for extortion and (2) the district court’s colloquy to establish whether his post-trial waiver of his right to counsel was knowing, voluntary, and intelligent.  OPINION HOLDS: We affirm the jury’s finding of guilt.  We affirm the jury’s finding of guilt, which was obtained with counsel.  We reverse the uncounseled post-trial proceedings and remand for post-trial proceedings with the benefit of counsel or a knowing, intelligent and voluntary waiver of counsel. 

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