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Supreme Court Expected List

The Iowa Supreme Court will post opinions in three cases tomorrow, December 6, 2019.

18–1292   State v. Draine
Scott

The defendant seeks further review of the court of appeals opinion that affirmed his conviction for willful injury causing serious injury, in violation of Iowa Code section 708.4(1) (2018), following his guilty plea.  He argues the district court erred in denying his motion for competency testing and abused its discretion in denying his motion in arrest of judgment.

18–1119   State v. Mathias
Scott

James L. Mathias appeals from his conviction and sentence for carrying a weapon on a school ground, in violation of Iowa Code section 724.4B (2018), following a jury trial.  He argues (1) the district court erred in denying his motion for judgment of acquittal because there was insufficient evidence to support that the Brady Street Stadium and parking lot were “grounds of a school” as required by Iowa Code section 724.4B; and (2) the district court erred by submitting an incorrect jury instruction that provided an improper definition of “grounds of a school,” resulting in misdirecting the jury on a material matter of law. 

17–1997   Dewberry v. State
Decatur

The State seeks further review after the court of appeals reversed the district court’s denial of David Dewberry’s application for postconviction relief and remanded for a full evidentiary hearing on Dewberry’s actual-innocence claim.  The State contends Dewberry is not actually innocent of robbery when he is guilty of a lesser-included offense and thus summary disposition of the application was appropriate. 

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