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State of Iowa v. Jameesha Renae Allen. Iowa amendment of criminal information
After an altercation in a parking lot, the defendant was charged with assault causing bodily injury, Iowa Code 708.2(2), and third-degree criminal mischief, Iowa Code 716.5. On the morning of trial, the state dismissed the mischief count but moved to amend and charge to assault causing bodily injury to assault while using or displaying a dangerous weapon, Iowa Code 708.1(2)(c) and 708.2(3). The amendment was allowed, the defendant was convicted and appealed. The appeal was ultimately heard by the Iowa Supreme Court.
Iowa Rule of Criminal Procedure 2.4 (8)(a) allows an amendment to correct errors in form or substance. However, amendment is not allowed if the amendment charges a "wholly new and different offense" or prejudices the "substantial rights of the defendant." The state argued that the amendment was proper, since both charges were "substantially similar."
The high court disagreed and reversed the conviction. The court noted that the amended charge required proof of different elements, and also increased the level of punishment.
On the same day, the high court made a similar ruling in State v. Vandermark, No. 19-2112. In both cases, the court concluded that the amendment was effectively a "wholly new and different offense," and that amendment was not allowed.
No. 19-1509 (Iowa Oct. 22, 2021).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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