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State of Iowa
v.
Reath Stephen Yak
Appellee
State of Iowa
Appellant
Reath Stephen Yak
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Rachel C. Regenold, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Greer, J. Dissent by Tabor, J. (43 pages)
The State charged five defendants in connection with a drive-by shooting at a Des Moines residence. A jury found Reath Yak guilty of intimidation with a dangerous weapon, willful injury causing serious injury, and two counts of attempted murder. On appeal, Yak argues the State presented insufficient evidence to support his convictions. He also contends the district court erred in denying his challenge to the prosecutor’s peremptory strike of a Black woman from the jury under Batson v. Kentucky, 476 U.S. 79 (1986). OPINION HOLDS: Because substantial evidence supports each of Yak’s convictions, and because our de novo review does not lead us to a different result on the Batson issue, we affirm. PARTIAL DISSENT ASSERTS: I concur in the majority’s substantial-evidence analysis. But I respectfully dissent on the Batson issue. “Equal justice under law requires a criminal trial free of racial discrimination in the jury selection process.” Flowers v. Mississippi, 139 S. Ct. 2228, 2242 (2019). Yak’s trial did not meet that test. I would find that Yak proved his Batson claim and would reverse and remand for a new trial.
