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State of Iowa
v.
Doncorrion Spates
Appellee
State of Iowa
Appellant
Doncorrion Spates
Attorney for the Appellee
Richard Bennett, Assistant Attorney General
Attorney for the Appellant
Robert P. Ranschau, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris and Thomas A. Bitter, Judges. CONDITIONALLY AFFIRMED AND REMANDED. Considered by Tabor, P.J., and May and Greer, JJ. Opinion by May, J. (20 pages)
Doncorrion Spates appeals his conviction for murder in the first degree, attempted murder, and intimidation with a dangerous weapon. OPINION HOLDS: Spates failed to establish any underrepresentation of a distinctive group in the jury venire was the result a systematic exclusion. The district court did not abuse its discretion in denying a motion for new trial based on the weight of the evidence. We remand to the district court to make additional findings regarding Spates’s second motion for new trial claiming he did not receive a fair trial due to race-related statements allegedly made by jurors.
