State of Iowa v. James Phillip Morgan
2016 Iowa App. LEXIS 68
| Iowa Ct. App. | 2016Background
- Around midnight on Nov. 16, 2013, Deputy Luttenegger observed a U-Haul driven by James Morgan swerving across lanes; he stopped the vehicle after activating lights and siren.
- Patrol-car video and deputy body-mic recorded the encounter: Morgan staggered exiting the truck, had slurred speech, and admitted to three drinks earlier; the deputy smelled alcohol and Morgan refused field sobriety tests.
- Morgan was arrested for OWI (third offense); video captured slurred speech, stumbling, time confusion, and the deputy’s continued detection of alcohol odor.
- At trial the prosecutor’s opening and the deputy’s testimony emphasized the odor of alcohol and other indicators of intoxication; defense counsel lodged no objections at trial.
- Morgan appealed claiming ineffective assistance of counsel for failing to object to (1) testimony/statements about the smell of alcohol and (2) alleged prosecutorial misconduct in argument; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Admissibility/weight of testimony about odor of alcohol | State: officer may testify about odor as one observable indicium of intoxication | Morgan: odor evidence is unreliable and not proof of intoxication alone; counsel should've objected | Held: odor is a legitimate observable indicium; officer may testify; no duty to object; no ineffective assistance |
| 2. Prosecutorial misconduct in describing officer "supporting" defendant and giving opinion in closing | State: closing argued reasonable inferences from the evidence; video and testimony supported characterization | Morgan: prosecutor misstated facts (overstated officer support) and injected personal opinion; counsel should've objected | Held: statements were reasonable inferences and within proper latitude; even if misconduct occurred, no prejudice given strong corroborating evidence; no ineffective assistance |
Key Cases Cited
- Dempsey v. State, 860 N.W.2d 860 (Iowa 2015) (standard for reviewing ineffective-assistance claims)
- Null v. State, 836 N.W.2d 41 (Iowa 2013) (preservation and postconviction relief guidance)
- Ross v. State, 845 N.W.2d 692 (Iowa 2014) (when appellate record suffices to decide ineffective-assistance claims)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Ling v. State, 199 N.W. 285 (Iowa 1924) (alcohol has a commonly associated odor)
- Murphy v. State, 451 N.W.2d 154 (Iowa 1990) (witnesses may testify to observable intoxication)
- Graves v. State, 668 N.W.2d 860 (Iowa 2003) (framework for prosecutorial-misconduct and prejudice analysis)
- Carey v. State, 709 N.W.2d 547 (Iowa 2006) (prosecutor may challenge credibility within proper bounds)
- Shanahan v. State, 712 N.W.2d 121 (Iowa 2006) (limits on prosecutor misstating law or creating evidence)
- Nitcher v. State, 720 N.W.2d 547 (Iowa 2006) (jury evaluates credibility and resolves conflicts in evidence)
- Musser v. State, 721 N.W.2d 758 (Iowa 2006) (court should not substitute its credibility determinations for jury)