 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Hartsfield6/16/2004
On review from the Iowa Court of Appeals.
Defendant appeals assault conviction, claiming error in district court's refusal to give spoliation instruction. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED; CASE REMANDED.
The defendant, Napoleon Hartsfield, claims the district court erred in refusing to give a spoliation instruction in his trial on assault charges. We agree and so reverse the judgment of conviction and sentence, and remand for a new trial.
I. Background Facts and Proceedings
On the morning of February 26, 2002, the defendant was in the Scott County jail awaiting transfer to the courthouse for a hearing on an unrelated charge. Hartsfield was not unknown to the correctional officers at the jail. In fact, he had previously sued some of them for alleged civil rights violations, including Jeffrey Phillips, the officer he was accused of assaulting in this case.
At the time in question, Hartsfield was in holding cell 6; the door to this cell opened into the booking area. Earlier in the morning, the defendant had become impatient with the officers because he wanted his clothes brought to him so he could properly dress for his court appearance. He had yelled and knocked on his cell door until his clothes arrived.
Shortly after this matter was handled, Hartsfield began banging on his door again, demanding use of the phone in the booking area. After the defendant refused repeated requests to stop pounding on his cell door, officer Phillips went to the cell door, opened the door to a ninety-degree angle, and stood in front of the doorway to talk with Hartsfield face to face. The defendant also stood in the doorway, but was inside his cell. Hartsfield persisted in demanding the phone, and pointed his finger at Phillips some twelve to eighteen inches from Phillips' face.
At this point, the parties' versions of what happened next vary. Phillips testified at trial that after twice telling the defendant to get his finger out of Phillips' face, Phillips simply pushed the defendant's hand down. Then, according to Phillips, Hartsfield took a swing at Phillips with his other hand, striking Phillips on the left side of Phillips' face.
Although the defendant did not testify at trial, his attorney contended Hartsfield acted in self-defense. (The jury was instructed on the defense of justification.) One of the officers who came to Phillips' aid testified that he recalled Hartsfield complaining that he had been hit in the mouth. The nurse on duty that day observed Hartsfield after the incident and testified that he had a swollen lip and a tooth cut inside of his mouth. Defense counsel argued Hartsfield swung at Phillips only after Phillips assaulted the defendant.
The witnesses agreed that once the initial contact was made, Hartsfield and Phillips began to scuffle, and Phillips pushed Hartsfield into his cell. Two other officers rushed into the cell, knocking everyone onto the bed. Thereafter, the defendant was subdued and handcuffed. After the fracas, Phillips had a red mark on his left cheek. He also complained of a bump on his head from hitting the wall when he fell on the bed, as well as a twisted knee from the fall.
The defendant was charged with assault resulting in bodily injury on a jailor and/or correctional staff, an aggravated misdemeanor. See Iowa Code §§ 708.1,.3A(3) (2001). He was tried to a jury, and found guilty of the charge.
Following sentencing Hartsfield filed this appeal. The matter was transferred to the court of appeals, where the judgment was affirmed. We granted further review.
II. Issues on Appeal
T
Page 1 2 3 4 5 6 Iowa DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|