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. Doolin

Court of Appeals of Iowa

March 6, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
TONY E. DOOLIN, Defendant-Appellant.

          Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.

         Tony Eugene Doolin appeals the judgment and sentence entered following his convictions for intimidation with a dangerous weapon, assault while participating in a felony, and carrying weapons.

          Mark C. Smith, State Appellate Defender, and Maria Ruhtenberg, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Darrel Mullins, Assistant Attorney General, for appellee.

          Considered by Potterfield, P.J., Doyle, J., and Carr, S.J. [*]

          CARR, SENIOR JUDGE.

         Tony Eugene Doolin appeals the judgment and sentence entered following his convictions for intimidation with a dangerous weapon, assault while participating in a felony, and carrying weapons. He contends his counsel was ineffective for failing to object to an in-court identification and for failing to request a jury instruction on eyewitness identification. He also contends the evidence is insufficient to support his conviction for carrying weapons and the trial court erred in denying his motion for a new trial.

         I. Background Facts and Proceedings.

         The incident giving rise to Doolin's convictions occurred outside Flirts Gentlemen's Club in Waterloo during the early morning hours of August 15, 2015. Dalibar Brkovic pulled his vehicle into the club's parking lot, and a man Brkovic did not know got into the passenger seat. The man offered Brkovic money to drive him somewhere. When Brkovic refused, the man threatened him with a gun. Shortly thereafter, when law enforcement arrived at the scene, the man got out of the car and ran away. Brkovic was unable to describe his assailant when he was interviewed several hours later.

         Waterloo Police Officer Ryan Muhlenbruch was one of the law-enforcement officers who arrived at the scene. He saw Doolin moving through the parking lot. When Doolin saw the officer, he ducked down in front of a vehicle, and the officer heard what he believed to be a metal object hitting the ground. After placing Doolin in the back of a squad car, Officer Muhlenbruch found a handgun registered to Doolin beneath the vehicle. Doolin, who has a permit to carry a concealed weapon, admitted he had been in possession of a gun and claimed he had pulled his gun out in self-defense after another man pulled a gun on him. The officer observed that Doolin exhibited signs of intoxication and believed Doolin was under the influence of alcohol.

         The State charged Doolin with intimidation with a dangerous weapon, in violation of Iowa Code section 708.6 (2015), a class "C" felony; assault while participating in a felony, in violation of Iowa Code section 708.3, a class "D" felony; and carrying weapons, in violation of Iowa Code section 724.4, an aggravated misdemeanor. Although there was no pre-trial identification of Doolin, Brkovic identified Doolin as his assailant while testifying at the trial. The jury found Doolin guilty as charged. The district court denied Doolin's motion for new trial, which alleged the verdict was contrary to the weight of the evidence.

         II. Discussion.

         A. Ineffective assistance of counsel.

         Doolin first claims his trial counsel was ineffective. He argues counsel was ineffective for failing to object to Brkovic's in-court identification as impermissibly suggestive and unreliable, noting that Brkovic was unable to describe the assailant and never identified him prior to trial, when he was sitting at counsel table next to his lawyer. Doolin also argues his counsel was ...


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.