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Case No. 19-0362

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

State of Iowa
v.
D'Marithe Culbreath

Appellant

State of Iowa

Appellant

D'Marithe Culbreath

Attorneys for Appellant

Sheryl Soich, Assistant Attorney General

Attorneys for Appellant

G. Brian Weiler

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0362
Date Published:
Jul 01, 2020
Summary

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            D’Marithe Culbreath appeals from his convictions of first-degree murder, first-degree robbery, and conspiracy to commit first-degree burglary.  He argues the district court abused its discretion in admitting a multiple-hour video of police interviewing him because, during the interview, a detective asked Culbreath if a codefendant thought Culbreath had guns and Culbreath replied, “Could.”  He maintains this was prior-bad-acts evidence that should have been kept out of trial.  OPINION HOLDS: Because the claim Culbreath brings on appeal was not preserved for our review, we affirm.

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