Legal Question in Criminal Law in Iowa

Appeals

my boyfriend was just wrongly convicted of an assault charge. i've been told that if the plaintiff has plead guilty to felony assault charges in the recent past (which he has), that the case could for some reason be thrown out of court, as ''the victim testified without the jury knowing of his past''? is this true? we have just filed for an appeal. you would truly be interested in the incredible overlooks in this case by the judge and jury, due to one of a few, incompetent public defenders. such as him arguing the plaintiff's felony charge to me, saying it was clear back in 1959, even though he had seen the plaintiff numerous times, i still couldn't convince him that 1959 was his birthdate! the whole deal is unreal, honestly. our friends say ''the plaintiff had to be having an affair with the PA''! Between an imcompetent PD and a PA who seemed to take this case personally, my boyfriend that broke into my apartment because i wouldn't answer the door (and he had found a suicide note), has just been sentenced to 60 days in jail and 2 years intense probation because when he entered, the man i was seeing (unbeknown to my boyfriend), attacked him and he defended himself. long story but i guarantee that you'd love it! thanks! dawne


Asked on 5/03/05, 1:09 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Appeals

Well, it sounds as if you have matters well in hand as you have filed your appeal and need to consult with your appellate attorney. With the PD, Perry Mason you will not get.

The issue you mentioned will not get the case tossed. An appeal is based on errors in law and not a review of the factual basis on which he was convicted by the jury.

However, your boyfriend broke into your apartment. There's no right of self defense for unlawful intruders as you seem to be arguing.

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Answered on 5/03/05, 1:26 pm


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