The Iowa Supreme Court expects to post opinions in three cases Friday, September 13, 2019.
19–0177 State v. Stanton
The supreme court granted the State’s application for discretionary review of the district court’s decision to dismiss on its own motion criminal complaints of trespassing, possession of drug paraphernalia, and violation of a no-contact order brought by Meskwaki Tribal Police against Jessica Stanton. The State contends the magistrate improperly interpreted federal legislation repealing a prior act of Congress granting Iowa jurisdiction over certain crimes committed on the Meskwaki Settlement. In addition, the State argues the court failed to recognize other legal authorities permitting the State to exercise jurisdiction over certain crimes on the Settlement and, thus, erred in ruling it lacked jurisdiction over the crimes allegedly committed by Ms. Stanton while she was on the settlement.
19–0360 Iowa Supreme Ct. Att’y Disciplinary Bd. v. Den Beste
On review from grievance commission report and recommendation, Iowa Court rule 36.21(1).
18–0839 State v. Macke
Defendant appealed the district court’s judgment of conviction and sentence entered on four counts of child endangerment following defendant’s entry of an Alford guilty plea. See North Carolina v. Alford, 400 U.S. 25 (1970). Defendant contended the State’s sentencing recommendation breached the parties’ plea agreement and her trial counsel was ineffective in failing to object to the breach. She also requested the adoption of the plain error doctrine in Iowa. The court of appeals affirmed, preserving the ineffective assistance claim for postconviction relief. Defendant seeks further review. Senate File 589 was subsequently enacted and signed into law, and it went into effect on July 1, 2019. Supplemental briefing was ordered on whether the new legislation governed defendant’s appeal.