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Case No. 23-1363

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

State of Iowa
v.
Demetrius Ray Howard

County:
Scott

Appellee

State of Iowa

Appellant

Demetrius Ray Howard

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1363
Date Published:
Oct 02, 2024
Summary

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. (11 pages)

            A criminal defendant appeals his convictions for first-degree murder and felon in possession.  OPINION HOLDS: We affirm, finding the defendant was not justified when he used a gun during a fistfight to shoot the victim in the back.  We also find sufficient evidence of the required mens rea elements.  And we discern no abuse of discretion in the district court’s evidentiary ruling concerning the defendant’s statements regarding the “murder weapon.

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