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Case No. 19-0981

State of Iowa
v.
Michael Buman

Defendant appealed from the judgment and sentence entered on his conviction of wanton neglect of a resident in a health care facility. Defendant contended the district court erred: (1) in admitting an exhibit into evidence concerning the minimum standards of nursing practice for registered nurses; (2) in giving a jury instruction which contained part of that exhibit; and (3) in denying his motion for judgment of acquittal on the grounds the evidence was insufficient to support his conviction of the offense. The court of appeals reversed and remanded for a new trial. The State seeks further review.

County:
Plymouth

Applicant

State of Iowa

Resister

Michael Buman

Attorneys for Applicant

Linda J. Hines

Attorneys for Resister

Priscilla E. Forsyth

Supreme Court

Oral Argument Schedule

15-15-5

Nov 17, 2020 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-0981
Date Published:
Feb 19, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0981
Date Published:
Jul 01, 2020
Summary

            Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge.  CONVICTION REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  Dissent by May, J.  (14 pages)

            Michael Buman appeals his conviction of wanton neglect of a resident in a health care facility.  OPINION HOLDS: Because an exhibit listing the minimum standard of care for registered nurses and an instruction on the jury’s use of that exhibit could confuse the jury or lead it to misapply the law on the issue of whether Buman knowingly acted in a manner likely to injure the resident, we reverse Buman’s conviction and remand for new trial.  DISSENT ASSERTS: Although the jury instructions were probably not perfect, I do not think they misled the jury.  Reversal is not warranted.  I respectfully dissent.

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