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Case No. 19-1919

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

State of Iowa
v.
Tyjuan Levell Tucker

Tyjaun Tucker appeals from the judgment of sentence for possession of a controlled substance (marijuana) with intent to deliver. He argues the jury pool did not meet constitutional standards and the district court's method for choosing jurors systematically excluded minority groups. He also argues the court erred in denying him, as a discovery sanction, the opportunity to present evidence of receipt of settlement proceeds in a civil matter as the source of cash found in his vehicle, and that the court erred in excluding remaining video from law enforcement officers’ encounter with Mr. Tucker.

Resister

State of Iowa

Applicants

Tyjuan Levell Tucker

Attorneys for Resister

Louis S. Sloven

Attorneys for Applicants

Andy Dunn
Jessica Donels

Supreme Court

Oral Argument Schedule

15-15-5

Sep 15, 2022 9:30 AM

Briefs

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1919
Date Published:
Jan 12, 2022
Summary

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (10 pages)

            Tyjuan Tucker appeals his conviction of possession of marijuana with intent to deliver, challenging: (1) the sufficiency of the evidence; (2) the district court’s finding the underrepresentation of African-Americans in the jury pool was not due to “systematic exclusion”; (3) trial counsel’s failure to present expert testimony on the “systematic exclusion” issue; and the district court’s exclusion of both (4) documents related to a prior settlement involving Tucker, and (5) portions of body camera footage of his arrest.  OPINION HOLDS: The conviction is affirmed as: (1) there was sufficient evidence to support the jury’s verdict; (2) there was insufficient evidence of systematic exclusion; (3) Tucker is foreclosed from raising his ineffective-assistance-of-counsel claim on direct appeal; and the district court did not abuse its discretion in excluding either (4) the settlement documents or (5) portions of the footage of his arrest.

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