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Case No. 18-0002

State of Iowa
v.
Earl Booth-Harris

Earl Booth-Harris seeks further review after the court of appeals affirmed his conviction for first-degree murder. Booth-Harris contends the district court erred in denying his motion to suppress the photographic identification procedures because they were unduly suggestive and unreliable and violated his due process rights under the federal and state constitutions. He further claims his trial counsel was ineffective in failing to request a more thorough eyewitness identification instruction.

County:
Des Moines

Appellees

State of Iowa

Appellant

Earl Booth-Harris

Attorneys for Appellees

Darrel Mullins
Louis S. Sloven

Attorneys for Appellant

Nan Jennisch

Supreme Court

Oral Argument Schedule

15-15-5

Oct 22, 2019 1:00 PM Iowa Supreme Court Courtroom

Briefs

Supreme Court Opinion

Opinion Number:
18-0002
Date Published:
Apr 24, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0002
Date Published:
Apr 03, 2019
Summary

            Appeal from the Iowa District Court for Des Moines County, John G. Linn, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J. (11 pages)

            Earl Booth-Harris appeals his conviction for murder in the first degree.  OPINION HOLDS: We find the district court properly denied Booth-Harris’s motion to suppress based on a claim of an impermissible suggestive identification procedure.  We preserve for a possible postconviction relief action defendant’s due process claim raised under the Iowa Constitution and his claim defense counsel should have requested a different eyewitness identification instruction.  We affirm Booth-Harris’s conviction for first-degree murder

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