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State of Iowa v. Dontrell Marqua Neal
15-0886
| Iowa Ct. App. | Aug 17, 2016
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Background

  • Armed robbery at Kum & Go in Des Moines; Moody described perpetrator clothing matching Neal's before arrest.
  • Officer Buck pursued a Yukon after the robbery; chase ended with Neal fleeing and being apprehended nearby.
  • Evidence linked Neal to the crime: money bag found near chase area, loaded handgun in snow, gray stocking cap and dark clothing in Neal's vehicle.
  • Moody identified Neal at showroom show-up based on clothing, not facial features; no positive ID at first, later identification linked to clothing.
  • Neal was charged March 20, 2014 with first-degree robbery and felon in possession of a firearm; trial led to guilty verdicts on both counts.
  • Sentencing on May 19, 2015 imposed consecutive terms, with no probation on felon-in-possession; Neal appeals on ineffective assistance and consecutive-sentences grounds.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Show-up suppression due process prevailed? Neal Neal No prejudice shown; convictions affirmed.
Consecutive sentences were proper? Neal Neal No abuse of discretion; sentences affirmed.

Key Cases Cited

  • State v. Maxwell, 743 N.W.2d 185 (Iowa 2008) (ineffective-assistance standard applied on direct appeal)
  • State v. Halverson, 857 N.W.2d 632 (Iowa 2015) (prejudice prong of Strickland)
  • Manson v. Brathwaite, 432 U.S. 98 (U.S. 1977) (reliability standard for eyewitness identification)
  • Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance)
  • State v. Hill, 878 N.W.2d 269 (Iowa 2016) (necessity of explicit reasons for consecutive sentences; review standard)
  • State v. Johnson, 445 N.W.2d 337 (Iowa 1989) (review sufficiency for sentencing decisions)
  • State v. Formaro, 638 N.W.2d 720 (Iowa 2002) (inherent latitude in sentencing)
  • State v. Taylor, 596 N.W.2d 55 (Iowa 1999) (separate-offenses rule for consecutive sentencing)
  • State v. Criswell, 242 N.W.2d 259 (Iowa 1976) (separate-offense doctrine supporting consecutive terms)
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Case Details

Case Name: State of Iowa v. Dontrell Marqua Neal
Court Name: Court of Appeals of Iowa
Date Published: Aug 17, 2016
Docket Number: 15-0886
Court Abbreviation: Iowa Ct. App.