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Case No. 19-0911

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

State of Iowa
v.
Anthony Alexander Mong

The State seeks further review after the court of appeals reversed Anthony Mong’s convictions for attempted murder, intimidation with a dangerous weapon, and willful injury causing bodily injury, finding insufficient evidence to support the specific intent elements of these offenses. The State argues the jury instructions allowed the jury to convict Mong under the doctrine of transferred intent. The State further argues there was sufficient evidence to support Mong’s convictions.

County:
Polk

Applicant

State of Iowa

Resister

Anthony Alexander Mong

Attorneys for Applicant

Bridget A. Chambers

Attorneys for Resister

Cathleen J. Siebrecht

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0911
Date Published:
Feb 16, 2022
Summary

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  REVERSED IN PART, AFFIRMED ON CONDITION IN PART, AND REMANDED.  Heard by Bower, C.J., Tabor, J., and Mullins, S.J.  Opinion by Bower, C.J.  (20 pages)

            Anthony Mong appeals his convictions for attempted murder, intimidation with a dangerous weapon, willful injury causing bodily injury, and going armed with intent.  OPINION HOLDS: Because Mong did not have the benefit of the Plain/Lilly/Veal line of cases, and because he is entitled to access the information needed to enforce his constitutional right to a jury trial and was not given access to that information, we will remand to give him an opportunity to develop his arguments.  We affirm in the court’s denial of Mong’s motion to compel.  Finally, there is no evidence of a specific intent to harm or kill Shane Woods and, thus, there is insufficient evidence to support the charges of for attempted murder, intimidation with a dangerous weapon, and willful injury causing bodily injury.  We reverse those convictions.  We conditionally affirm the conviction for going armed with intent and remand the matter to the district court for development of the record on the challenge to the composition of the jury.  Following development of the record, we direct the district court to determine whether Mong’s constitutional right to a representative jury was violated.  If so, the court shall grant a new trial.

Other Information

Date Further Review is Granted:
May 31, 2022
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