State of Iowa
v.
Earnest B. Bynum
Earnest Bynum seeks further review of the court of appeals opinion affirming his conviction for making a false report to law enforcement in violation of Iowa Code section 718.6(1). He argues, in part, the court of appeals erred in ruling the jury was properly instructed regarding the elements of the offense without also being instructed on the statutory exceptions. In other words, he asserts the jury was inaccurately instructed that to carry a weapon in a public place is always a crime, without exception, even though a person may legally carry a weapon in cases such as having a permit to do so.
Appellee
State of Iowa
Appellant
Earnest B. Bynum
Attorney for the Appellee
Sharon K. Hall
Attorney for the Appellant
Mark C. Meyer
Supreme Court
Oral Argument Schedule
15-15-5
Oct 21, 2019 1:30 PM Iowa Supreme Court Courtroom
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Nicholas Scott, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Potterfield, P.J. (15 pages)
Earnest Bynum appeals following his conviction for falsely reporting a criminal offense, in violation of Iowa Code section 718.6(1) (2016). Bynum asserts he was denied an impartial jury of his peers, the court abused its discretion in allowing prior-bad-acts evidence and photographs of firearms used during the police response, and the court erred in denying Bynum’s requested jury instruction that carrying weapons is not a crime if the person has a permit. OPINION HOLDS: Finding no abuse of discretion in the trial court’s denial of Bynum’s motions for mistrial or its evidentiary and instructional rulings, we affirm.