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Case No. 21-0877

State of Iowa
v.
Sam Daniel Abu Youm

Defendant appealed from the judgment and sentence entered on his convictions of two counts of possession of a controlled substance with intent to deliver and two counts of failure to possess a tax stamp. He contended the court erred in overruling his motion to suppress by finding evidence obtained from an unlawful search of his apartment was admissible under the emergency aid exception to the warrant requirement. He also contended the court erred in denying his motion for new trial because the verdict was contrary to the weight of the evidence. The court of appeals affirmed. Defendant seeks further review.

County:
Polk

Resister

State of Iowa

Applicant

Sam Daniel Abu Youm

Attorneys for Resister

Thomas J. Ogden

Attorneys for Applicant

Robert P. Ranschau

Supreme Court

Oral Argument Schedule

Non-Oral

Dec 14, 2022 9:00 AM

Briefs

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0877
Date Published:
Aug 31, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson (Motion to Suppress) And Lawrence P. McLellan (Trial), Judges.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Mullins, S.J.*  Opinion by Greer, P.J. (12 pages)

            Sam Abu Youm appeals from his conviction for two counts of possession of a controlled substance with the intent to deliver and two corresponding counts of failure to possess a tax stamp.  He argues the district court erred in denying both his motion to suppress and motion for a new trial.  OPINION HOLDS: As the emergency aid exception allowed for the warrantless entry into and initial search of Abu Youm’s apartment and the district court did not abuse its discretion in denying his motion for a new trial, we affirm.

Other Information

Date Further Review is Granted:
Nov 02, 2022
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