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State of Iowa
v.
Joshua James Pendleton
Appellee
State of Iowa
Appellant
Joshua James Pendleton
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Webster County, Gina C. Badding, Judge. AFFIRMED. Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ. Badding, J., takes no part. Opinion by Tabor, P.J. (16 pages)
Joshua Pendleton appeals his convictions for first-degree murder and first-degree robbery. He contends his statements to law enforcement should be suppressed because police violated his constitutional rights and because his mental-health condition made those statements involuntary. He also contends there is insufficient evidence to support the felony-murder theory of murder, one of two alternatives. He challenges the constitutionality of Iowa Code section 814.28 (2019), which forbids appellate courts from setting aside a general verdict if the evidence supports at least one theory. If correct, he argues he is entitled to reversal of both convictions. OPINION HOLDS: Because Pendleton’s statements to police were not involuntary nor obtained in violation of his constitutional rights, they did not need to be suppressed. And because the evidence supports both alternative theories of first-degree murder, we set aside the constitutional questions and affirm the convictions.
