Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-0483

State of Iowa
v.
Kari Lee Fogg

Kari Fogg seeks further review after the court of appeals affirmed her conviction for operating while intoxicated, finding Fogg was not subjected to a seizure by the police. Fogg claims she was seized for federal and state constitutional purposes when a police officer parked in front of her car, blocking her in an alley.

County:
Boone
Trial Court Case No.:
OWCR111825

Resister

State of Iowa

Applicant

Kari Lee Fogg

Attorneys for Resister

Genevieve Reinkoester, Assistant Attorney General

Attorneys for Applicant

Melinda J. Nye, Assistant Appellate Defender

Supreme Court

Oral Argument Schedule

15-15-5

Sep 17, 2019 7:00 PM Des Moines North High School, 501 Holcomb Avenue, Des Moines, IA

Briefs

Supreme Court Opinion

Opinion Number:
18-0483
Date Published:
Dec 20, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0483
Date Published:
May 01, 2019
Summary

            Appeal from the Iowa District Court for Boone County, Paul G. Crawford (motion to suppress) and Stephen A. Owen (trial), District Associate Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (11 pages)

           

            Kari Fogg appeals her conviction of operating while intoxicated (OWI), first offense.  She contends the district court erred in denying her motion to suppress evidence on the basis of an allegedly unreasonable seizure.  She also argues her counsel rendered ineffective assistance in failing to object to alleged prosecutorial error in the State’s closing argument.  OPINION HOLDS: Having found the district court correctly denied Fogg’s motion to suppress and counsel was not ineffective as alleged, we affirm Fogg’s conviction of OWI, first offense. 

View archived opinions from prior to November 2017

© 2020 Iowa Judicial Branch. All Rights Reserved.