Saturday, December 18, 2010

The Tribunal Has Spoken


It seems to me that the Iowa Supreme Court has dropped gavel on another erroneous ruling.

Supreme Court reverses Sioux City man's conviction

A Woodbury County jury found a man guilty of assault while participating in a felony, second-degree robbery and fifth-degree theft and sentenced him to up to 15 years in prison.

His attorneys appealed the verdict to the Iowa Court of Appeals, claiming (he) couldn't have been found guilty of the assault while participating in a felony charge because the jury had acquitted him of first-degree theft, a felony, and instead found him guilty of a lesser charge of fifth-degree theft, a misdemeanor.

On Friday, the Iowa Supreme Court vacated the verdict and ordered the case sent back to Woodbury District Court for re-sentencing on the remaining charges.

However, The Iowa Code states -- All robbery which is not robbery in the first degree is robbery in the second degree. Robbery in the second degree is a class "C" felony.

Since the jury found him guilty of second degree robbery, it sounds like the Court screwed up... AGAIN and the scientific community is united in that fact.

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