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State of Iowa
v.
Cristhian Bahena Rivera
Appellee
State of Iowa
Appellant
Cristhian Bahena Rivera
Attorneys for the Appellee
Darrel Mullins and Kyle Hanson, Assistant Attorneys General
Tyler J. Buller, Assistant Attorney General (until withdrawal)
Attorneys for the Appellant
Chad R. Frese
Joel C. Waters
Jennifer Frese (until withdrawal)
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Poweshiek County, Joel D. Yates, Judge. AFFIRMED. Heard by Bower, C.J., and Tabor and Schumacher, JJ. Opinion by Schumacher, J. Buller, J., takes no part. (26 pages)
Cristhian Bahena Rivera (Bahena) appeals his conviction for first-degree murder. He claims the district court should have suppressed statements he made to law enforcement. He also asserts the court should have granted a new trial on the basis of newly discovered evidence and a Brady violation. OPINION HOLDS: Statements Bahena made to law enforcement before an immigration detainer being put in place occurred when he was not in custody. Bahena voluntarily waived his Miranda rights, and his statements were voluntary for due process purposes when he made inculpatory statements following the discovery of the victim’s body. The district court did not abuse its discretion when it denied Bahena’s motions for a new trial. Accordingly, we affirm Bahena’s conviction for first-degree murder.
