David A. Cmelik Law PLC
Breaking Bad copycat murder plot: Cedar Rapids Criminal Lawyer explains
The Iowa Supreme Court has ruled on a criminal case it says is one of life imitating art—specifically, a defendant allegedly plagiarizing...
Welcome to the David A. Cmelik Law PLC Blog Page
David A. Cmelik Law PLC
- Jun 8, 2021
- 5 min
Iowa High Court: DUI arrest attorney calls not confidential
The Iowa Supreme Court ruled last week that DUI suspect calls to attorneys made during the investigation are not confidential from the...
David A. Cmelik Law PLC
- May 21, 2021
- 3 min
DUI blood draw warrant req'd? Iowa court says 'it depends'
In Iowa, police may request a warrantless DUI blood draw if the patient is certified unconscious per Iowa Code Sec. 321J.7.
David A. Cmelik Law PLC
- Mar 6, 2021
- 3 min
Hearsay rule on trial in Iowa criminal appeal
The Iowa Supreme Court yesterday issued an opinion interpreting a rule designed to prevent prosecutors from calling their own witness...
David A. Cmelik Law PLC
- Feb 21, 2021
- 3 min
Iowa high court: lit up phone near face enough for criminal stop
On Friday, February 19, 2021, the Iowa Supreme Court in State v. Struve interpreted Iowa Code § 321.276, the law that makes illegal...
David A. Cmelik Law PLC
- Feb 21, 2021
- 2 min
Supreme Court: criminal neglect case confused civil and criminal law
The Iowa Supreme Court on Friday decided State v. Michael Buman. A jury convicted Mr. Buman, a nurse, of violating a patient neglect...
David A. Cmelik Law PLC
- Dec 21, 2020
- 4 min
Some, not all, cell phone tower data testimony requires experts
The Iowa Supreme Court examined this month whether a nonexpert police officer can offer some cell phone data testimony.
David A. Cmelik Law PLC
- Dec 11, 2020
- 4 min
Iowa high court orders new criminal trial, orders victim suicide records
December 11, 2020—the Iowa Supreme Court decided State of Iowa v. Fontae Cole Buelow today, holding that an alleged murder victim’s...
David A. Cmelik Law PLC
- Nov 27, 2020
- 4 min
Court: police must clarify independent test right only if breath re-test denied
Iowa high court rules police must clarify an independent test right only if they deny an imprecise request for a retest
David A. Cmelik Law PLC
- Nov 6, 2020
- 2 min
Iowa Supreme Court: deferred judgment revocations subject to appeal
November 6, 2020 - In State v. Ashley Thompson, the Iowa Supreme Court reversed a criminal conviction for child neglect entered upon...
David A. Cmelik Law PLC
- Nov 1, 2020
- 3 min
Iowa high court: vehicular homicide defendant cannot blame child seat
In State v. Derrick Earl Johnson, Justice McDermott, writing for the court, examined whether a drunk driving homicide trial court abused...
David A. Cmelik Law PLC
- Sep 12, 2020
- 3 min
Poised to strike: shovel can be dangerous weapon says Iowa court
An Iowa Court of Appeals panel has decided that holding a shovel, “poised to strike,” is indeed sufficient evidence to support a guilty...
David A. Cmelik Law PLC
- Aug 6, 2020
- 4 min
Iowa appeals court: witness tampering forfeits right to confront accuser
The Iowa Court of Appeals held today that defendant who tampers with witness cannot raise confrontation clause objection
David A. Cmelik Law PLC
- Jun 13, 2020
- 4 min
Cedar Rapids Criminal Lawyer: Iowa high court reverses intoxicated firearms conviction
Iowa high court reverses jury conviction for constructive possession of firearm in carry-while-intox case
David A. Cmelik Law PLC
- May 8, 2020
- 3 min
Iowa Supreme Court tie-vote upholds dismissal tax
By operation of tie vote, the Iowa Supreme Court upheld a dismissal tax to pay for a defendant's public defender when her case was dismissed
David A. Cmelik Law PLC
- Apr 24, 2020
- 3 min
US Supreme Court: 6th Amendment requires unanimous criminal verdicts
US Supreme Court overturns non-unanimous jury verdicts finding they violate 6th Amendment.
David A. Cmelik Law PLC
- Jan 24, 2020
- 2 min
Iowa Supreme Court orders review of child accuser's mental health records
Iowa Supreme Court today decided State v. Richard Leedom, reversing trial judge's denial of a judge-only review of child's mental re
David A. Cmelik Law PLC
- Jan 23, 2020
- 3 min
Iowa high court upholds domestic abuse conviction
The defendant felt strongly the court should include the requirement that the government disprove self-defense in the primary instruction on
David A. Cmelik Law PLC
- Sep 10, 2019
- 2 min
Iowa high court: redo restitution
September 6, 2019— In State v. Moore, the Iowa Supreme Court again reversed and remanded a criminal conviction for resentencing based on res
David A. Cmelik Law PLC
- May 3, 2019
- 3 min
Iowa Supreme Court: net zero burglary sentence change, but redo restitution
Mosley case stands for proposition that Burglary First in Iowa merges with assault causing bodily injury when defendant is charged with bodi