State of Iowa v. David Lee Miller
2014 Iowa Sup. LEXIS 2
| Iowa | 2014Background
- Miller, confined in a residential correctional facility, left without authorization during a furlough and was later apprehended; the State charged him with escape under Iowa Code § 719.4(1).
- Miller argued absence from custody (Iowa Code § 719.4(3)) was a lesser included offense of escape and requested a jury instruction; district court denied.
- The court of appeals affirmed; this court granted review to reassess whether absence from custody is a lesser included offense of escape.
- The court overruled Beeson, held absence from custody is a lesser included offense of escape under the facts of this case, and remanded for a new trial.
- The majority bases its conclusion on the statutory history of § 719.4 and the modern corrective intent to cover broader forms of escape, including absence from custody.
- The court cautions that Beeson was misapplied and that the analysis must follow the developed lesser included offense tests (impossibility and elements tests).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether absence from custody is a lesser included offense of escape | Miller argues absence is included | State argues broader escape statute subsumes absence | Yes, absence is a lesser included offense |
| Appropriate test for lesser included offenses | Use the impossibility/element approach | Beeson applied improperly; prior analyses were faulty | Use the established impossibility/element approach; Beeson overruled |
| Effect of overruling Beeson on trial procedure | Failure to instruct on absence prejudiced Miller | Instructional error not reversible per se | Prejudicial error requires reversal and remand for new trial |
Key Cases Cited
- State v. Coffin, 504 N.W.2d 893 (Iowa 1993) (impossibility/element analysis for lesser included offenses)
- State v. Jeffries, 430 N.W.2d 728 (Iowa 1988) (elements test as an aid in applying the impossibility test)
- State v. McNitt, 451 N.W.2d 824 (Iowa 1990) (rejected overly strict elements-only approach; integrated impossibility test)
- State v. Turecek, 456 N.W.2d 219 (Iowa 1990) (endorsed interplay of impossibility and elements approaches)
- State v. Burtlow, 299 N.W.2d 665 (Iowa 1980) (identified multiple escape concepts; foundational to 719.4 statutory structure)
- State v. Beeson, 569 N.W.2d 107 (Iowa 1997) (overruled as to whether absence can be lesser included offense)