Tag: Iowa Supreme Court

Iowa Supreme Court to Decide Whether Refusal of a Breath Test May Be Used Against a Person as Evidence of Guilt at Trial in an Operating While Intoxicated Case

Recently, GRL Law attorney Grant Gangestad argued the case of State v. Kilby before the Iowa Supreme Court.  The case dealt with an Operating While Intoxicated (OWI) charge.  The client’s charge stemmed from a fender bender in a parking lot.  Officers were called to the scene and began an investigation into possible intoxication of the […]

Read More

Possession Does Not Merge With Eluding While Carrying Marijuana

A unanimous Iowa Supreme Court ruled on October 16, 2020 that certain marijuana possession-related convictions do not merge for purposes of double jeopardy protections against cumulative punishments. In State v. Johnson, the defendant argued his possession of marijuana conviction, a serious misdemeanor, should merge with his felony conviction for eluding while possessing marijuana.  The State […]

Read More