evaluation of prosecutorial error (Iowa) · Go Syfert
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evaluation of prosecutorial error in Iowa

11 Iowa opinions name it 2 courts 2016–2023 1 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
State of Iowa v. Zyriah Henry Floyd Schlittergreen
iowa · 2016 · cited in 6 Iowa opinions naming this issue, 2017–2020
2 sentences

2020In any event, the prosecutorial misconduct analysis “easily translates to an evaluation of prosecutorial error.” Id. 9 law, (2) making a golden-rule argument, and (3) arguing law not contained in the jury instructions.

2020To determine whether Martin was denied a fair trial, we consider five factors: “(1) the severity and pervasiveness of the [error]; (2) the significance of the [error] to the central issues in the case; (3) the strength of the State’s evidence; (4) the use of cautionary instructions or other curative measures; and (5) the extent to which the defense invited the [error].” Id. at 877 ; accord Schlitter, 881 N.W.2d at 13 394 (stating the factors used to evaluate a prosecutorial misconduct claim “easily translate to an evaluation of prosecutorial error”). a.

56
State v. Gravesgreen
iowa · 2003 · cited in 6 Iowa opinions naming this issue, 2016–2020
2 sentences

2020To determine whether Martin was denied a fair trial, we consider five factors: “(1) the severity and pervasiveness of the [error]; (2) the significance of the [error] to the central issues in the case; (3) the strength of the State’s evidence; (4) the use of cautionary instructions or other curative measures; and (5) the extent to which the defense invited the [error].” Id. at 877 ; accord Schlitter, 881 N.W.2d at 13 394 (stating the factors used to evaluate a prosecutorial misconduct claim “easily translate to an evaluation of prosecutorial error”). a.

2018Id. ; see also State v. Schlitter , 881 N.W.2d 380 , 394 (Iowa 2016) (making a distinction between prosecutorial misconduct and prosecutorial error and noting the Graves multifactor test for prosecutorial misconduct "easily translate[s] to an evaluation of prosecutorial error.").

26
State of Iowa v. Kenneth L. Lillygreen
iowa · 2019 · cited in 1 Iowa opinions naming this issue, 2023–2023
1 sentence

2023See id. (noting the multifactor test used to evaluate prosecutorial misconduct “easily translate[s] to an evaluation of prosecutorial error”); see also State v. Veal, 930 N.W.2d 319, 334 (Iowa 2019) (treating a claim framed as prosecutorial misconduct “as one of prosecutorial misconduct or error” and analyzing the two concepts simultaneously). 11 district court’s decision denying this claim for an abuse of discretion.

11
State v. Maxwellgreen
iowa · 2008 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017See Schlitter, N.W.2d at 394 (stating the multifactor test set out to evaluate the statements in determining if there was misconduct and if that was misconduct was prejudicial “easily translate to an evaluation of prosecutorial error”). 13 v. Maxwell, 743 N.W.2d 185 , 195 195–96 (Iowa 2008).

11
State v. Schoelermangreen
iowa · 1982 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017Although counsel is not required to predict changes in the law, counsel must “exercise reasonable diligence in deciding whether an issue is ‘worth raising.’” State v. Westeen, 591 N.W.2d 203, 210 (Iowa 1999) (quoting State v. Schoelerman, 315 N.W.2d 67, 72 (Iowa 1982)).

11
State v. Westeengreen
iowa · 1999 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017Although counsel is not required to predict changes in the law, counsel must “exercise reasonable diligence in deciding whether an issue is ‘worth raising.’” State v. Westeen, 591 N.W.2d 203, 210 (Iowa 1999) (quoting State v. Schoelerman, 315 N.W.2d 67, 72 (Iowa 1982)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Statutes the citing opinions construe

IA § Iowa Code § 602.9206 (3) IA § Iowa Code § 814.7 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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