State v. Crawley, ___ N.W.2d ___ (Sup. Ct. No. 99-1643) (Iowa 9/6/2001)  [1] Handwriting exemplar -- disguised sample admissible for same purposes as refusal to give sample.  Defendant's provision of disguised handwriting in response to court order was admissible against him at trial as evidence of his consciousness of guilt, just as his total refusal to provide a handwriting exemplar would have been.  [2] Admission of improper evidence cured.  When the State elicited testimony regarding contempt proceedings, the trial court cured any error by admonishing the jury to disregard the reference to contempt.  The same was true of the State's introduction of evidence of a rash of burglaries in the city, by informing the jury that such evidence "was admitted only to serve as background information."  [3]  Evidence of defendant's drug usage.   Evidence of a defendant's drug usage is admissible when it is not wholly independent of the offense for which defendant is being charged; here, serving as the defendant's motive for the thefts. 

State v. Hoegh, ___ N.W.2d ___ (Sup. Ct. No. 00-1633) (Iowa 9/6/2001)  Appointment of special prosecutors by court as opposed to Board of Supervisors.  Notwithstanding a recent amendment to section 331.754(1) transferring the statutory power of appointment of a prosecutor from the courts to the board of supervisors, the district courts still possess inherent authority to do so "when necessary for the administration of justice."  In the absence of such a showing, as here, the court errs in appointing a special prosecutor.  

State v. Johnson, ___ N.W.2d ____ (Sup. Ct. No. 99-940) (Iowa 9/6/2001).  Defendant waives motion to suppress by failing to timely file it. Unless good cause for the lateness is shown, an untimely motion to suppress under the rules of criminal procedure waives the claims asserted.  (Unpublished opinion, but see new amendment to Iowa R. App. P. 14(e) allowing citation to unpublished appellate opinions).

State v. Legg, ___ N.W.2d ___ (Sup. Ct. No. 00-225) (Iowa 9/6/2001) [1]  Garage -- legitimate expectation of privacy.  A garage is deemed part of the house's curtilage in which the owner has a legitimate expectation of privacy as evidenced by the following facts:  the garage is in very close proximity to the home, is attached to the residence, is included within an enclosure--the walls--surrounding the home, the door to which is closed, and is used as to store vehicles and other items incident to the use of the premises as a home. Person has a legitimate expectation of privacy in an attached garage as part of the property's curtilage.  [2]  Warrantless search -- exigent circumstances and probable cause.  Warrantless entry of defendant's garage was reasonable so as to be within the bounds of the 4th Amendment "probable cause and exigent circumstances" exception where the officer saw defendant's vehicle run a stop sign, gave chase after activating his lights,