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Case No. 18-2151

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

State of Iowa
v.
Robert Evan Bruce

Appellee

State of Iowa

Appellant

Robert Evan Bruce

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Appellant

Amanda Heims

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2151
Date Published:
Nov 27, 2019
Summary

            Appeal from the Iowa District Court for Fremont County, Mark J. Eveloff and Kathleen A. Kilnoski, Judges.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Robert Bruce appeals from a district court ruling excluding evidence that a passenger was not wearing a seatbelt when he drove his truck into a ditch while intoxicated, resulting in her serious injury.  He contends, under the “but-for” test, the jury should have heard the evidence and been able to determine whether the passenger’s conduct was a “but-for” cause of her injuries.  OPINION HOLDS: The district court did not abuse its discretion in ruling such evidence was not relevant.  Accordingly, we affirm the ruling and conviction. 

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