Skip to main content
Iowa Judicial Branch
Main Content

Case No. 16-1525

State of Iowa
v.
Timothy Alvin Newton

The court granted further review of the court of appeals decision that reversed in part and remanded the appellant’s convictions for operating while intoxicated, second offense, and child endangerment. The court of appeals rejected Newton’s argument that the submission of the per se alternative of operating while intoxicated pursuant to Iowa Code section 321J.2(1)(c), which allowed the jury to find him guilty if any amount of a controlled substance was present in his urine, violated his due process rights. The court of appeals concluded section 321J.2(1)(c) is not unconstitutionally vague and is rationally related to the purpose of the OWI statute. The court of appeals reversed his conviction and sentence, however, on the basis the district court did not provide Newton a proper colloquy when accepting his stipulation to his prior conviction.

County:
Ringgold
Trial Court Case No.:
OWCR134514

Resister

State of Iowa

Applicant

Timothy Alvin Newton

Attorneys for Resister

Timothy M. Hau

Attorneys for Applicant

Mary K. Conroy

Supreme Court

Oral Argument Schedule

15-15-5

Sep 17, 2018 7:00 PM Johnston High School, 6500 NW 100th Street, Johnston, Iowa

Briefs

Supreme Court Opinion

Opinion Number:
16-1525
Date Published:
Jun 07, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
16-1525
Date Published:
Feb 07, 2018

Other Information

Date Further Review is Granted:
Jul 19, 2018

View archived opinions from prior to November 2017

© 2020 Iowa Judicial Branch. All Rights Reserved.