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Case No. 18-1623

State of Iowa
v.
Anthony Frank Ernst

The State seeks further review of the court of appeals’ opinion reversing Anthony Ernst’s conviction for attempted burglary in the third degree in violation of Iowa Code section 713.6B.

County:
Dubuque

Applicant

State of Iowa

Resister

Anthony Frank Ernst

Attorneys for Applicant

Louis S. Sloven

Attorneys for Resister

Bradley M. Bender

Supreme Court

Oral Argument Schedule

15-15-5

Nov 17, 2020 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
18-1623
Date Published:
Jan 29, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1623
Date Published:
May 13, 2020
Summary

 

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  REVERSED and REMANDED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Mullins, J. (10 pages)

            Anthony Ernst appeals his conviction of attempted burglary in the third degree in violation of Iowa Code section 713.6B (2017).  He argues the State failed to produce sufficient evidence to support the verdict and that it is against the weight of the evidence.  He also argues his trial counsel was ineffective in failing to object to the admission of cell phone records.  OPINION HOLDS (after rehearing): Because the evidence was insufficient to support the jury’s verdict, we reverse and remand for judgment of acquittal.

View archived opinions from prior to November 2017

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