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Case No. 16-1525

State of Iowa
Timothy Alvin Newton

The court granted further review of the court of appeals decision that reversed in part and remanded the appellant’s convictions for operating while intoxicated, second offense, and child endangerment. The court of appeals rejected Newton’s argument that the submission of the per se alternative of operating while intoxicated pursuant to Iowa Code section 321J.2(1)(c), which allowed the jury to find him guilty if any amount of a controlled substance was present in his urine, violated his due process rights. The court of appeals concluded section 321J.2(1)(c) is not unconstitutionally vague and is rationally related to the purpose of the OWI statute. The court of appeals reversed his conviction and sentence, however, on the basis the district court did not provide Newton a proper colloquy when accepting his stipulation to his prior conviction.

Trial Court Case No.:


State of Iowa


Timothy Alvin Newton

Attorney for the Resister

Timothy M. Hau

Attorney for the Applicant

Mary K. Conroy

Supreme Court

Oral Argument Schedule


Sep 17, 2018 7:00 PM Johnston High School, 6500 NW 100th Street, Johnston, Iowa


Supreme Court Opinion

Opinion Number:
Date Published:
Jun 07, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 07, 2018

Other Information

Date Further Review is Granted:
Jul 19, 2018
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