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Case No. 18-1298

State of Iowa
v.
Levi Gibbs III

Levi Gibbs III appeals from his conviction and sentence for murder in the second degree. He argues a jury instruction based on Iowa Code section 704.2B violated his rights against self-incrimination because the statute requires a person to report his or her use of deadly force to law enforcement. He further argues the jury instruction should have been excluded as misleading and confusing because his failure to comply with section 704.2B implied an inability to argue justification as a defense, and created an unfair implication he was trying to avoid detection or culpability. Finally, he argues the composition of the jury venire, and the inclusion of certain jurors, violated his right to a fair trial.

County:
Webster
Trial Court Case No.:
FECR355809

Appellee

State of Iowa

Appellant

Levi Gibbs III

Attorneys for Appellee

Timothy M. Hau

Attorneys for Appellant

Ashley Stewart

Supreme Court

Oral Argument Schedule

15-15-5

Sep 18, 2019 9:00 AM Iowa Supreme Court

Briefs

Supreme Court Opinion

Opinion Number:
18-1298
Date Published:
Apr 17, 2020

View archived opinions from prior to November 2017

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