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Case No. 22-0091

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

State of Iowa
v.
Darryl Anthony Hurtt

Appellee

State of Iowa

Appellant

Darryl Anthony Hurtt

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Aaron D. Hamrock

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0091
Date Published:
Jan 11, 2023
Summary

            Appeal from the Iowa District Court for Clarke County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            On interlocutory appeal, Darryl Hurtt, a commercial truck driver from Missouri, challenges the denial of his motion to dismiss the charge of possession of a controlled substance (marijuana), claiming a violation of his right to freely travel and carry his prescribed medication while traveling through the State of Iowa.  OPINION HOLDS: Hurtt has not preserved his claim that he has a “right to carry medication.”  We are not persuaded Iowa’s regulation of controlled substances directly impairs Hurtt’s right to come into or leave the state and affirm the denial of his motion to dismiss.

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