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