from the Iowa District Court for Poweshiek County, Randy S.
appeals his conviction for possession of methamphetamine,
Christopher A. Clausen of Clausen Law Office, Ames, for
J. Miller, Attorney General, and Timothy M. Hau, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
Phipps appeals his conviction for possession of
methamphetamine, third offense. We find Phipps has not shown
the district court abused its discretion in denying his
motion for new trial based on his claims he was required to
wear jail-issued footwear for the trial, there was newly
discovered evidence someone else manufactured methamphetamine
at his former residence, or the State failed to disclose
exculpatory evidence. We affirm Phipps's conviction for
possession of methamphetamine, third offense.
Background Facts & Proceedings
March 22, 2017, police officers went to a residence in
Grinnell in response to a report of a disturbance. Officers
determined Phipps was in violation of a no-contact order
because the protected party was also in the home. Officers
arrested Phipps for violating the no-contact order. As he
walked out to a patrol car, officers noticed Phipps had a
white fabric rose stuck in one of his cowboy boots. Phipps
stomped his foot and the flower fell out. Phipps told the
officers, "Leave it where it lies." An officer
picked up the flower and put it into an evidence bag. As part
of the booking process, the jailer emptied out the evidence
bag and a small plastic baggie of methamphetamine came out,
as well as the flower.
was charged with possession of methamphetamine, third or
subsequent offense, in violation of Iowa Code section
124.401(5) (2017), a class "D" felony. The State
claimed the baggie of methamphetamine had been hidden within
the petals of the white fabric rose. A lab report showed the
substance in the baggie was .15 grams of methamphetamine.
to trial, Phipps filed a motion requesting a clothing
allowance of "an amount not to exceed $100.00 in order
to obtain appropriate clothing for trial." The State
resisted the request. At the hearing on the motion, defense
counsel stated Phipps had decorated his boots with swastikas
and they would not be appropriate for trial. The court
First of all, I wouldn't allow him to wear-in my
courtroom I wouldn't allow him to wear boots that have
swastikas on them. If that's true he will have to have
other shoes. I am not going to allow him to subject our
jurors to that as a matter of courtroom decorum.
prosecutor stated, "[T]he defendant has been provided by
the jail flip-flop style shoes that are black in color, and
those have been worn by other defendants who have been in
custody for a trial." The court recommended defense
counsel go to Goodwill to get clothing for Phipps at no or
minimal cost. The court denied the motion for a clothing
case proceeded to trial on June 13, 2017. Phipps was
identified in the courtroom by Officer Nathan Anderson, as
follows, "He's seated at the far right table wearing
a checkered long-sleeved shirt with black pants and slippers
or flip-flops." The jury found Phipps guilty of
possession of ...