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. Phipps

Court of Appeals of Iowa

November 7, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
CHARLES PAUL PHIPPS, Defendant-Appellant.

          Appeal from the Iowa District Court for Poweshiek County, Randy S. DeGeest, Judge.

         Defendant appeals his conviction for possession of methamphetamine, third offense.

          Christopher A. Clausen of Clausen Law Office, Ames, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee.

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

          BOWER, JUDGE.

         Charles 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.

         I. Background Facts & Proceedings

         On 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.

         Phipps 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.

         Prior 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 stated,

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.

         The 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 allowance.

         The 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 ...


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.