Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Shadlow

Court of Appeals of Iowa

February 19, 2014

STATE OF IOWA, Plaintiff-Appellee,
v.
KENNETH JAMES SHADLOW, Defendant-Appellant

Editorial Note:

This opinion is subject to modification or correction by the court and is not final until the time for rehearing or further review has passed.

Appeal from the Iowa District Court for Black Hawk County, Joseph M. Moothart, District Associate Judge. Kenneth Shadlow appeals his judgment and sentences for operating a motor vehicle while intoxicated, second offense; possession of a controlled substance (methamphetamine), second offense; and possession of a controlled substance (marijuana), second offense.

Mark D. Reed of Marberry Law Firm, P.C., Urbandale, for appellant.

Thomas J. Miller, Attorney General, Martha Trout, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Jeremy Westendorf, Assistant County Attorney, for appellee.

Considered by Danilson, C.J., and Vaitheswaran and Mullins, JJ.

OPINION

VAITHESWARAN, J.

Kenneth Shadlow appeals his judgment and sentences for operating a motor vehicle while intoxicated, second offense; possession of a controlled substance (methamphetamine), second offense; and possession of a controlled substance (marijuana), second offense. He contends (1) there is insufficient evidence to support the jury's findings of guilt and (2) his trial attorney was ineffective in several respects.

I. Sufficiency of the Evidence

A. Operating while intoxicated (Count I)

The jury was instructed that the State would have to prove the following elements of operating a motor vehicle while intoxicated:

1. On or about the 23rd day of November, 2010, the defendant operated a motor vehicle.
2. At that time, the defendant either: (a) was under the influence of drugs, or (b) had any amount of a controlled substance present, as measured in the defendant's blood or urine.
(It is not necessary for all jurors to agree to just (a) or (b). It is only necessary that all jurors agree to at least ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.