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Case No. 18-1999

State of Iowa
v.
Brenna Folkers

Brenna Folkers seeks further review of the court of appeals decision affirming her conviction for child endangerment. The court found keeping marijuana and hash oil in the home where a toddler can access it creates a substantial risk to the child’s safety. Therefore, substantial evidence supported the appellant’s conviction. The appellant argues the State failed to present substantial evidence that she acted in a manner that created a substantial risk to her child’s physical, mental, or emotional health or safety, and no evidence was presented about when she smoked marijuana or hash in the residence or whether her child was present at the time. Additionally, she asserts there was no evidence presented that the child had access to these substances.

County:
Black Hawk
Trial Court Case No.:
AGCR217639

Resister

State of Iowa

Applicant

Brenna Folkers

Attorneys for Resister

Sharon K. Hall

Attorneys for Applicant

Maria Ruhtenberg

Supreme Court

Oral Argument Schedule

15-15-5

Mar 10, 2020 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-1999
Date Published:
Apr 03, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1999
Date Published:
Sep 11, 2019
Summary

            Appeal from the Iowa District Court for Black Hawk County, Brook K. Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Greer, JJ.  Opinion by Potterfield, P.J. (3 pages)

           

            Brenna Folkers challenges the sufficiency of the evidence supporting her conviction of child endangerment following a trial to the bench.  She maintains the State did not establish she knowingly acted in a manner that created a substantial risk to her son’s physical, mental, or emotional health or safety.  OPINION HOLDS: Because keeping marijuana and hash oil in the home where a toddler can access it creates a substantial risk to the child’s safety, substantial evidence supports Folkers’s conviction.  We affirm. 

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