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. Igou

Court of Appeals of Iowa

February 21, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
TYLOR IGOU, Defendant-Appellant.

         Appeal from the Iowa District Court for Clay County, Charles K. Borth, District Associate Judge.

         Tylor Igou appeals his conviction for domestic abuse assault causing bodily injury following a jury trial.

          Jack B. Bjornstad of Jack Bjornstad Law Office, Okoboji, for appellant.

          Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Potterfield and McDonald, JJ.

          VAITHESWARAN, Presiding Judge.

         A jury determined Tyler Igou assaulted his girlfriend, and the district court entered judgment and sentence for domestic abuse assault causing bodily injury. See Iowa Code §§ 708.2A(1), (2)(b) (2016). On appeal, Igou contends the district court should have excluded the girlfriend's testimony as a sanction for the prosecutor's violation of a discovery rule.

         I. Background Proceedings

Iowa Rule of Criminal Procedure 2.14(1) states:
When a witness subpoenaed by the prosecuting attorney pursuant to rule 2.5 is summoned by the prosecuting attorney after complaint, indictment or information, the defendant shall have a right to be present and have the opportunity to cross-examine any witnesses whose appearance before the county attorney is required by this rule.

         After the trial information was filed, the prosecutor issued Igou's girlfriend a pretrial subpoena without notifying Igou or his attorney. The prosecutor conducted an unrecorded interview of the girlfriend.

         At trial, Igou's girlfriend testified for the State. During cross-examination, the defense learned of the pretrial subpoena. Igou moved for judgment of acquittal based in part on the prosecutor's failure to notify him of the subpoena. The district court reserved ruling on the motion but invited either party to "make further record about this subpoena and what the consequences of it should be." Following the jury's finding of guilt, the court denied the acquittal motion without revisiting the subpoena issue.

         Igou moved for a new trial based on the claimed rule violation. The district court denied the motion after concluding the prosecutor violated rule 2.14(1) but Igou was not prejudiced by the violation. This appeal followed.

         II. ...


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.