David A. Cmelik Law PLCDec 14, 20182 minIowa High Court: Future crime objection too lateDefendant in Gordon claimed due process violation when sentencing judge considered so-called sex abuse risk assessments like the STATIC99R a
David A. Cmelik Law PLCNov 30, 20182 minIowa appeals panel affirms police officer's jury conviction for on the job sex abuseIn State v. Tovar, a three judge panel of the Iowa Court of Appeals held evidence was sufficient for jury to convict a police officer for on
David A. Cmelik Law PLCNov 9, 20183 minRound 2 on Mom Abuse Rarity AppealIowa appeals court affirms most of its previous 3-panel decision validating exclusion of expert testimony on issue of the "rarity"
David A. Cmelik Law PLCOct 11, 20183 minPast abuse, expert opinion about "rare" mom abuse properly excluded, court saysIn State v. Knudsen, a 3-judge panel of the Iowa Court of Appeals examined whether a trial judge in a sex abuse case wrongly excluded eviden
David A. Cmelik Law PLCOct 11, 20184 min"Willing" Confession Not Entitled to Miranda warning, says Appeals CourtMiranda 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 PLCSep 26, 20183 minIowa Supreme Court: Allegedly false reports after guilty verdict discoverable in bid for new sex abuIowa Supreme Court holds that allegedly false sex abuse claims following a jury verdict of guilty are nevertheless discoverable in bid for n
David A. Cmelik Law PLCFeb 16, 20184 minDouble jeopardy: 'accidental' probationer gets 4 years credit against corrected prisonIn 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 PLCFeb 9, 20183 minIowa Supreme Court: New lodging starts clock on 5-day sex offender registry update, not five full daDefendant 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 PLCFeb 8, 20183 minIowa Supreme Court: Sexting isn't indecent exposure. It's something else.The Iowa Supreme Court reversed and remanded for dismissal a jury verdict of guilty in an indecent exposure case. In State v. Lopez, Justice