For summaries from opinions prior to August, 2018, view PDF versions here.
State of Iowa
v.
Jeffrey Dewayne Davis
Appellee
State of Iowa
Appellant
Jeffrey Dewayne Davis
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, The Honorable John Telleen and The Honorable Henry Latham II, Judges. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS. Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ. Telleen, S.J., takes no part. Opinion by Buller, J. (9 pages)
A criminal defendant appeals his recidivist conviction for domestic abuse assault, contesting the admission of an unavailable witness’s statements and arguing the district court denied him a bifurcated trial on his prior convictions OPINION HOLDS: Because the State met its burden to prove forfeiture-by-wrongdoing, we affirm the conviction. As to the bifurcated trial issue, we find the district court erred in denying the defendant a bifurcated trial and vacate the recidivist enhancement and remand with directions.
