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Case No. 22-0624

State of Iowa
v.
Bita Amisi

Defendant appealed his convictions for operating while intoxicated (third offense) and eluding. He contends the evidence was insufficient to sustain the convictions and also asserts the district court erred in allowing into evidence an edited body cam video of the preliminary breath test. The court of appeals affirmed. Defendant seeks further review.

County:
Polk
Trial Court Case No.:
OWOM090721

Resister

State of Iowa

Applicant

Bita Amisi

Attorney for the Resister

Bridget A. Chambers

Attorney for the Applicant

Jamie Hunter

Supreme Court

Oral Argument Schedule

Non-Oral

Oct 10, 2023 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
22-0624
Date Published:
Nov 17, 2023
Date Amended:
Jan 26, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0624
Date Published:
Feb 08, 2023
Summary

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (9 pages)

            Bita Amisi appeals his convictions for operating while intoxicated, third offense, and eluding.  OPINION HOLDS: We conclude the district court did not abuse its discretion by admitting Exhibit 4, a video of Amisi’s interactions with officers that showed a request for a preliminary breath test.  There is substantial evidence in the record to support Amisi’s convictions.  We affirm the convictions.

Other Information

Date Further Review is Granted:
Apr 27, 2023
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