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State of Iowa
v.
Daniel Richard Definbaugh
Appellee
State of Iowa
Appellant
Daniel Richard Definbaugh
Attorney for the Appellee
Louis S. Sloven, 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 Black Hawk County, Kellyann M. Lekar, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (14 pages)
Daniel Definbaugh appeals his convictions for two counts of second-degree sexual abuse, alleging insufficient evidence corroborates his admissions. He also claims statements made at his house should be suppressed because they were made prior to receiving his Miranda warnings. He alleges questioning at the police station occurred after he invoked his right to counsel. He also claims questioning at both locations included promises of leniency. OPINION HOLDS: We find sufficient evidence supports Definbaugh’s admissions. The district court properly denied Definbaugh’s motion to suppress his admissions at his residence. And while we determine the statements made at the law enforcement center were made after an invocation of counsel, such statements were cumulative to previous statements made by Definbaugh. Lastly, we determine no promises of leniency were made. Accordingly, we affirm.
