State of Iowa
v.
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.
Resister
State of Iowa
Applicant
Timothy Alvin Newton
Attorney for the Resister
Timothy M. Hau
Attorney for the Applicant
Mary K. Conroy
Supreme Court
Oral Argument Schedule
15-15-5
Sep 17, 2018 7:00 PM Johnston High School, 6500 NW 100th Street, Johnston, Iowa
