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Case No. 18-0421

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

State of Iowa
v.
Kenneth Curtis Shaw

Appellee

State of Iowa

Appellant

Kenneth Curtis Shaw

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0421
Date Published:
Nov 06, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED ON CONDITION AND REMANDED WITH DIRECTIONS.  Considered by Potterfield, P.J., and Tabor and Greer, JJ.  Opinion by Potterfield, P.J. (9 pages)

            Kenneth Shaw appeals his conviction and sentence for first-degree robbery in violation of Iowa Code sections 711.1 and 711.2 (2017).  Shaw was sentenced to a twenty-five year prison sentence, with 70% mandatory incarceration.  On appeal, Shaw argues: (1) the State did not provide sufficient evidence to show Shaw committed the robbery; and (2) the jury pool was not a fair cross-section of the community in violation of his rights under the Sixth Amendment to the United States Constitution and Article I, section 10 of the Iowa State Constitution.  OPINION HOLDS: Sufficient evidence supports the jury’s determination that Shaw committed the robbery.  The district court correctly determined Shaw failed to meet his burden to establish a prima facie case of fair cross-section violation.  But because the parties did not have the benefit of recent refinements to Iowa law, we remand the matter to the district court to give Shaw an opportunity to develop his arguments that his constitutional right to an impartial jury was violated; if the court finds a violation occurred, it shall grant Shaw a new trial.

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