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Case No. 18-1298

State of Iowa
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.

Trial Court Case No.:


State of Iowa


Levi Gibbs III

Attorneys for Appellee

Timothy M. Hau

Attorneys for Appellant

Ashley Stewart

Supreme Court

Oral Argument Schedule


Sep 18, 2019 9:00 AM Iowa Supreme Court


Supreme Court Opinion

Opinion Number:
Date Published:
Apr 17, 2020

View archived opinions from prior to November 2017

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