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Iowa Supreme Court Opinions for April 6, 2018

Iowa Supreme Court Opinions
April 6, 2018


16–0267  State v. Scheffert
Black Hawk

The State is seeking further review after the court of appeals reversed the appellant’s conviction for possession of marijuana and remanded for further proceedings.  The court of appeals determined that because it did not have any evidence the ordinance the appellant allegedly violated had been properly adopted by the conservation board, it must be assumed that the officer made a mistake of law when making the stop.  The court further found a mistake of law cannot justify a stop under article I, section 8 of the Iowa Constitution.  State v. Coleman, 890 N.W.2d 284 (Iowa 2017).  The Supreme Court opinion being issued is after granting the State’s petition for rehearing.

 

16–0894  State v. Williams
Boone

Deshaun Marvin Lamar Williams is seeking further review after the court of appeals affirmed his convictions for operating while intoxicated, third or subsequent offense, and driving while barred as a habitual offender.  He argues there was insufficient evidence to support his conviction for driving while barred. He asserts his requested instruction that the State was required to prove the department of transportation mailed notice of the bar to him should have been given.  The court of appeals concluded the State is not required to prove the department mailed notice of the bar in a prosecution for driving while barred as a habitual offender.  The dissenting opinion opined that because the State did not make any effort to prove the department properly mailed notice to Williams that his license was barred, there is not sufficient evidence to sustain the conviction. 

 

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