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FEBRUARY 27, 2002 |
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IOWA SUPREME COURT |
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State
v. Roe,
642 N.W.2d 252 (Iowa 2/27/2002)Stipulations
– effect.
A defendant’s stipulation regarding evidence may eliminate the
State’s need to marshal proof on an essential element of a crime, but the
stipulation does not eliminate the jury’s duty to make a finding beyond a
reasonable doubt on each essential element.
As such, defendant who stipulated to the chapter 236 domestic nature of
his relationship with the victim in connection with charges of domestic abuse
assault cannot be sentenced for domestic abuse assault when the jury is not
instructed on that element and returns a verdict for a lesser offense of simple
assault. See also State
v. Owens, 635 N.W.2d 478 (Iowa 2001).
Klouda v. Sixth
Judicial Dist. Dep't of Corr. Servs.,
642 N.W.2d 255 (Iowa 2/27/2002).
Separation
of powers: statute authorizing 6th
district pilot project transferring probation revocation decisions to ALJ
unconstitutional. The powers transferred under the challenged statutes
that clearly encroach upon judicial power include those enabling the ALJ to (1)
reconsider the defendant's sentence in the manner provided in sections 902.4 and
903.2, (2) sentence the defendant to a jail term while continuing probation, (3)
revoke probation and require the defendant to serve a lesser sentence than
that imposed by the district court; and (4) revoke probation and place
the defendant on work release. Court also finds the ALJ's ability under the
challenged statutes to revoke or continue probation encroaches on judicial power
and violates the separation-of-powers doctrine. Suspending a sentence, granting
probation, revoking probation, or continuing probation fall within the realm of
judicial powers. (This decision shall not apply retroactively to cases in which
a final decision has been rendered unless the case is pending on appeal and the
issue was preserved.)
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Last
updated:
October 05, 2004
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