Iowa Jury Instruction - 2.2 Consideration Of The Evidence Duty To Follow Instructions Corporate Party Involved
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Under Iowa Rule of Criminal Procedure 2.33(2)(c): ?All criminal cases must be brought to trial within one year after the defendant's initial arraignment pursuant to rule 2.8 unless an extension is granted by the court, upon a showing of good cause.? A ninety-day timeframe established under rule 2.33(2)(b).
In Iowa, spoliation of evidence occurs when: ?(1) the evidence was 'in existence'; (2) the evidence was 'in the possession of or under control of the party' charged with its destruction; (3) the evidence 'would have been admissible at trial'; and (4) 'the party responsible for its destruction did so intentionally.
Rule 2.5 - Information 2.5(1)In general. a. Prosecution on information. All indictable offenses may be prosecuted by a trial information and supporting minutes of testimony.
Rule 2.8 - Arraignment and plea 2.8(1)Conduct of arraignment. a. Arraignment shall be conducted as soon as practicable following the filing of the indictment. If the defendant appears for arraignment without counsel, the court must inform the defendant of the right to counsel and ask if the defendant desires counsel.
Rule 2.23 - Judgment 2.23(1)Entry of judgment. a. Acquittal. Upon a verdict of not guilty for the defendant or special verdict upon which a judgment of acquittal must be given, the court must render judgment of acquittal immediately.
Rule .7 - CONFLICT OF INTEREST: CURRENT CLIENTS (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.
Rule 2.73 - Motion for a new trial 2.73(1)Generally. The magistrate, on motion of a defendant, may grant a new trial on the grounds set forth in rule 2.24(2) (b). 2.73(2)Newly discovered evidence. A motion for a new trial based on newly discovered evidence must be made within 6 months after the final judgment.
Criminal Jury Instructions: 100.10 Reasonable Doubt: The burden is on the State to prove [Defendant] guilty beyond a reasonable doubt. The change removes a paragraph containing ?hesitate to act? language in response to the Iowa Supreme Court's decision in State v.