State v. Ness

At issue was whether a conceded error in the admission of evidence in this criminal case was harmless.Defendant was charged with operating while intoxicated (OWI), third offense. During trial, the district court admitted, over Defendant’s objection, the results of Defendant’s breath test. The jury found Defendant guilty. Defendant appealed, arguing that the trial court erroneously admitted the test result in light of Iowa Code 321J.5(2). On appeal, the State conceded that the test results should not have been admitted but that Defendant failed to preserve error below or, alternatively, any error was harmless. The Supreme Court reversed and remanded the case for a new trial, holding that Defendant did preserve error and that the error was not harmless. View "State v. Ness" on Justia Law