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Everyone's Disappointed
By B John Burns
December 30, 2009

If I was Assistant Black Hawk County Attorney Joel Dalrymple, I would just keep my mouth shut and let the heat from today’s decision in State v. Mosley just blow over.

But I’m not Assistant Black Hawk County Attorney Joel Dalrymple, and he took the other road.

“Obviously, we don’t agree with it,” he told the Des Moines Register within hours of the Court of Appeals’ decision.  “I think it’s particularly disappointing for the victim, who has already had to testify in two separate trials and re-live this publicly.”

I’m sure the victim is disappointed.  The victim has a right to be disappointed – disappointed in the Black Hawk County Attorney’s office.  If the Black Hawk Attorney had not violated Iowa Rule of Evidence 5.404(b) in Mr. Mosely’s first trial, the victim would not have had to testify at the second.  And if Dalrymple had not filed numerous motions to continue Mr. Mosely’s retrial, after the defendant repeatedly asserted in pretrial conferences that he wanted to go to trial within the 90-day speedy trial limitation period, the victim’s testimony at the second trial would not go for naught.  

Hopefully, Dalrymple explained these things to the disappointed victim, and apologized for putting the victim in this position.

I don’t usually read unpublished Court of Appeals’ decisions, but I read this one.  And I’m disappointed, too.  I’m disappointed that Judge Vaitheswaran’s opinion contained no citations to 4A Iowa Practice: Criminal Procedure.

Congratulations to Patty Reynolds for winning Mr. Mosleys’ second appeal.  The first was won by Jim Tomka after he passed away.  

Hopefully, this isn’t the last time Assistant Black Hawk County Attorney Joel Dalrymple finds himself disappointed.  He earned it.
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Criminal Procedure 4A

By B.John Burns 

This reference offers a comprehensive analysis of Iowa criminal procedure. It analyzes criminal procedure, including pre-trial, trial, sentencing, and post-conviction procedure. Provides a comprehensive manual covering all procedural aspects of an Iowa criminal case, from the time you are first engaged to represent a suspected or charged individual, through the final steps of a criminal appeal or state or federal post conviction relief proceeding. Separate divisions review evidentiary issues in criminal trials, constitutional provisions affecting criminal cases, and the representation of inmates in prison litigation.


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