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
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Welcome to the David A. Cmelik Law PLC Blog Page
David A. Cmelik Law PLC
- Dec 27, 2018
- 3 min
Iowa appeals court: murder trial jury free to convict using "reasonably certain" medical e
Iowa Appeals Court affirms murder conviction in infant death deemed suspicious by "reasonably certain" emergency department doctor
David A. Cmelik Law PLC
- Nov 9, 2018
- 3 min
Round 2 on Mom Abuse Rarity Appeal
Iowa appeals court affirms most of its previous 3-panel decision validating exclusion of expert testimony on issue of the "rarity"
David A. Cmelik Law PLC
- Oct 27, 2018
- 2 min
Appeals court: robbery codefendant finger pointing + a little corroboration = conviction
Iowa Court of Appeals affirms conviction for robbing and shooting fast food delivery driver with BB gun. Codefendant's told police defen
David A. Cmelik Law PLC
- Oct 19, 2018
- 3 min
Iowa Supreme Court orders new corporal punishment trial
The Iowa Supreme Court today in State v. Benson ordered a new trial in a corporal punishment case holding the trial judgeโs instructions con
David A. Cmelik Law PLC
- Oct 12, 2018
- 2 min
Respect the van: high court reverses OWI conviction, tosses evidence
Iowa Supreme Court reverses OWI (DUI) conviction after police stop a van driver who was merely related to someone suspected of ditching a ca
David A. Cmelik Law PLC
- Oct 11, 2018
- 3 min
Appeals court dissent blasts State 'amass & aggrandize' suppression tactics
In State v. Baker, two out of three judges in a 3-judge panel approved a warrantless seizure of a suspected drug dealer and the subsequent s
David A. Cmelik Law PLC
- Oct 11, 2018
- 4 min
"Willing" Confession Not Entitled to Miranda warning, says Appeals Court
Miranda requires that an interrogation target be "in custody" to get the warning. Otherwise, a defendant is not entitled to it. Co
David A. Cmelik Law PLC
- Aug 24, 2018
- 3 min
Supreme Court overturns order freezing criminal defendant's assets
Iowa Supreme Court overturns asset freeze order, grants new trial in attempted murder case, directs that court allow defendant access to his
David A. Cmelik Law PLC
- Aug 24, 2018
- 3 min
Supreme Court Instructs Police: Give "Park and Lock" Option to Arrestees
Recent Ingram decision instructs police to give arrestees park and lock option. Prohibits police from searching containers pursuant to so-ca
David A. Cmelik Law PLC
- May 18, 2018
- 2 min
Cedar Rapids Criminal Lawyer: What are criminal penalty surcharges?
Criminal penalty surcharges add to the fines. They include the law enforcement surcharge, DARE surcharge, and domestic abuse and human traff
David A. Cmelik Law PLC
- Feb 16, 2018
- 4 min
Double jeopardy: 'accidental' probationer gets 4 years credit against corrected prison
In State v. Scott Jepsen, the Iowa Supreme Court reversed and remanded with directions to give an inmate credit for four years he mistakenly
David A. Cmelik Law PLC
- Feb 14, 2018
- 3 min
What is an 'Alford plea' in a Cedar Rapids, Iowa, criminal prosecution?
The Supreme Court, Justice White writing for the majority, wrote that the Constitution did not prohibit acquiescence to a finding of guilt i
David A. Cmelik Law PLC
- Feb 9, 2018
- 3 min
Iowa Supreme Court overturns OWI-3rd jury verdict, excludes inadmissible PBT
Today the Iowa Supreme Court reversed and remanded a jury verdict of guilty for a new trial in a felony drunk driving case excluding as inad
David A. Cmelik Law PLC
- Feb 9, 2018
- 2 min
Iowa Supreme Court reverses 5-year extension of simple misdemeanor 1-year no-contact order
Today in State v. Vance, the Iowa Supreme Court issued a writ of certiorari to vacate a five-year extension of a one-year no-contact order e
David A. Cmelik Law PLC
- Feb 9, 2018
- 3 min
Iowa Supreme Court: New lodging starts clock on 5-day sex offender registry update, not five full da
Defendant argued evidence was insufficient to convict him of a violation of Iowa Code ยง 692A.105 because the statute only required him to no
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