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Case No. 19-0779

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

State of Iowa
v.
Wayne Patrick Gibson

Appellee

State of Iowa

Appellant

Wayne Patrick Gibson

Attorneys for Appellee

Louis S. Slovan, Assistant Attorney General

Attorneys for Appellant

Shawn C. McCullough

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0779
Date Published:
Jul 01, 2020
Summary

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED ON CONDITION AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Wayne Gibson appeals his convictions for second-degree and third-degree sexual abuse, claiming the district court erred in denying his motion challenging the jury’s composition.  OPINION HOLDS: Because Gibson did not have the benefit of either State v. Lilly, 930 N.W.2d 293, 301–08 (Iowa 2019), or State v. Veal, 930 N.W.2d 319, 328–330 (Iowa 2019), at the time of trial, we conditionally affirm and remand the matter to the district court to give Gibson an opportunity to develop his claim that his constitutional right to an impartial jury was violated.

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