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Case No. 18-0294

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.

County:
Linn
Trial Court Case No.:
SRCR116884

Appellee

State of Iowa

Appellant

Earnest B. Bynum

Attorneys for Appellee

Sharon K. Hall

Attorneys for 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:
18-0294
Date Published:
Jan 10, 2020
Date Amended:
Mar 11, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0294
Date Published:
May 01, 2019
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.

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