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Case No. 20-0359

State of Iowa
v.
Walter Lee Miller, Jr.

Walter Miller Jr. seeks further review of the court of appeals decision affirming his convictions for possession of methamphetamine, third or subsequent offense, failure to affix a drug tax stamp, and assault while displaying a dangerous weapon. The court of appeals found the district court did not abuse its discretion in granting defendant’s counsel’s motion to withdraw and Miller’s request to waive his right to counsel and to represent himself. Miller asserts the district court was incorrect and the court of appeals misinterpreted the Iowa Rules of Professional Conduct when they found that withdrawal was mandatory as a matter of law. Instead, he argues Iowa Rule of Professional Conduct 32:1:16(1)(c) permits the district court to use its discretion to order representation to continue.

County:
Scott

Resister

State of Iowa

Applicant

Walter Lee Miller, Jr.

Attorneys for Resister

Israel Kodiag

Attorneys for Applicant

Thomas Hurd

Supreme Court

Oral Argument Schedule

15-15-5

Mar 24, 2022 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
20-0359
Date Published:
Jun 17, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0359
Date Published:
Sep 22, 2021
Summary

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Walter Miller Jr. appeals his convictions for possession of methamphetamine, third or subsequent offense; failure to affix a drug tax stamp; and assault while displaying a dangerous weapon.  OPINION HOLDS: We find the district court did not abuse its discretion in granting defense counsel’s motion to withdraw on the ground that further representation of Miller would violate the rules of professional conduct.  Also, the court properly granted Miller’s request to waive his right to counsel and represent himself.  We affirm Miller’s convictions.

Other Information

Date Further Review is Granted:
Jan 28, 2022

View archived opinions from prior to November 2017

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