Jailhouse lawyer wins appeal filed before law barring self-pleading takes effect
Jailhouse lawyer who filed supplemental brief won resentencing because Iowa appeals court ruled his appeal was pending before a law barring
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Welcome to the David A. Cmelik Law PLC Blog Page
David A. Cmelik Law PLC
- Feb 26, 2020
- 3 min
Iowa appeals court: Former waitress did not "borrow" elderly ward's truck
A former waitress befriends an elderly man and ward. She borrows his truck with his blessing. The conservator has her arrested reasoning the
David A. Cmelik Law PLC
- Jan 25, 2020
- 2 min
Bad weather stops yield OWI arrests
Officer Friendly will use this pretext to stop motorists he or she sees as a potential OWI (drunk driving) suspect.
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
- 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
David A. Cmelik Law PLC
- Apr 2, 2019
- 2 min
Iowa high court: minimum court costs apply even on dismissed counts
Iowa high court says sentencing judge can divide up court costs and apply court costs according to convictions and dismissed counts, but min
David A. Cmelik Law PLC
- Oct 30, 2018
- 3 min
High Court: Iowa DOT officers cannot make "citizen's arrest"
State's argument that DOT vehicle enforcement officers could, before amendment to statute, conduct traffic stops and make arrests falls
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 judge’s instructions con
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 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 Reverses OWI-2nd for Defective Stipulation to Prior Convictions
Today the Iowa Supreme Court in Brewster held a judge's colloquy was insufficient to demonstrate the knowing and voluntary waiver of sec
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 § 692A.105 because the statute only required him to no
David A. Cmelik Law PLC
- Feb 5, 2018
- 2 min
Understanding Criminal Assault in Iowa
The law of assault in Iowa is statutory, meaning there is a written law on how a person should be charged.
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