State of Iowa v. Edward Miller, 20-0110

Background

On November 30, 2018 Ryan Stout was shot while near an apartment complex; he was struck in the abdomen and face by birdshot from a sawed-off shotgun but survived.
Stout identified Miller as the shooter at a second photo lineup (after initially tentatively identifying a different person); additional identification support came from Stout’s jail encounter where Miller made a shooting gesture toward him.
Kenneth Hardy testified Miller lived in the apartment building, admitted he shot someone, had recently bought a shotgun, and had shotgun shells in his residence; police recovered a live shotgun shell near the scene and Miller’s ammunition and camera equipment from his girlfriend K.T.’s residence.
Miller gave inconsistent alibi statements to investigators, and while incarcerated asked K.T. to remove his property from his brother’s apartment; K.T. removed cameras and ammunition which the State argued showed intent to conceal evidence.
Miller was convicted of attempted murder, willful injury causing bodily injury, assault while participating in a felony, going armed with intent, felon in possession of a firearm, and conspiracy to obstruct prosecution; the district court denied Miller’s motion for new trial and the court of appeals affirmed.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Miller)	Held
Sufficiency — Attempted murder (identity & intent)	Stout’s eyewitness ID plus Hardy’s statements, physical evidence (shell, ammo), and jail encounter establish Miller was shooter and intended death.	Stout’s ID was unreliable (initial mis-ID, conditions, distance, birdshot unlikely lethal); insufficient proof of identity or specific intent.	Affirmed. Eyewitness and circumstantial evidence sufficient; intent can be inferred from arming, pointing, and firing even if birdshot made death less probable.
Going armed with intent — “going” element	Circumstantial evidence supports inference Miller left and returned armed (no gun at first encounter; shotgun present at second).	No direct testimony he went to obtain the gun; element unproven.	Affirmed. Jury may infer movement to obtain/bring firearm from the circumstances.
Conspiracy to obstruct prosecution (removal of property)	Monitored jail calls plus removal of cameras/ammo by K.T. show agreement and intent to conceal incriminating evidence.	K.T. testified removal was for safekeeping and Miller didn’t ask her to remove gun or ammo; no proof of conspiratorial intent.	Affirmed. Circumstantial evidence supports inference of intent and agreement to conceal evidence.
Motion for new trial — newly discovered evidence (Wilkerson/Swann)	New witness (Wilkerson) claimed Swann said he shot Stout and asked Wilkerson to hide the gun; could change verdict.	Evidence is unreliable, newly stated claims were inconsistently reported, and disclose late; trial court’s credibility assessment favors denial.	Affirmed. Trial court did not abuse discretion — Wilkerson’s testimony lacked credibility and likely would not change outcome.
Admissibility of prior bad acts (motive/drug dealing)	Hardy’s testimony that Miller dealt drugs and bought a shotgun was admissible to show motive for shooting a perceived threat.	Evidence was impermissible character/propensity evidence and unduly prejudicial.	Affirmed. Properly admitted for motive; clear-proof standard met and probative value not substantially outweighed by unfair prejudice.

Key Cases Cited

State v. Doolin, 942 N.W.2d 500 (Iowa 2020) (eyewitness reliability is for jury absent improper state conduct; judge need not pre-screen).
Perry v. New Hampshire, 565 U.S. 228 (2012) (due process does not require pretrial reliability hearing for eyewitness ID absent state misconduct).
State v. Young, 686 N.W.2d 182 (Iowa 2004) (specific intent may be inferred from actions even if probability of result is low).
State v. Smith, 240 N.W.2d 693 (Iowa 1976) (arming oneself to shoot another supports inference of intent).
State v. Harris, 891 N.W.2d 182 (Iowa 2017) (circumstantial evidence may support inference a defendant carried a weapon from one location to another).
State v. Casaday, 491 N.W.2d 782 (Iowa 1992) (intent is usually proven by circumstantial evidence and reasonable inferences).
State v. Sullivan, 679 N.W.2d 19 (Iowa 2004) (prior-bad-acts admissibility requires relevance, clear proof, and probative value not substantially outweighed by unfair prejudice).
State v. Newell, 710 N.W.2d 6 (Iowa 2006) (prima facie admissibility of other-acts evidence offered for nonpropensity purpose and trial court’s probative/prejudice balancing receives deference).
Harrington v. State, 659 N.W.2d 509 (Iowa 2003) (standards for new trial on basis of newly discovered evidence).