State of Iowa
v.
Kari Lee Fogg
Kari Fogg seeks further review after the court of appeals affirmed her conviction for operating while intoxicated, finding Fogg was not subjected to a seizure by the police. Fogg claims she was seized for federal and state constitutional purposes when a police officer parked in front of her car, blocking her in an alley.
Resister
State of Iowa
Applicant
Kari Lee Fogg
Attorney for the Resister
Genevieve Reinkoester, Assistant Attorney General
Attorney for the Applicant
Melinda J. Nye, Assistant Appellate Defender
Supreme Court
Oral Argument Schedule
15-15-5
Sep 17, 2019 7:00 PM Des Moines North High School, 501 Holcomb Avenue, Des Moines, IA
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Boone County, Paul G. Crawford (motion to suppress) and Stephen A. Owen (trial), District Associate Judges. AFFIRMED. Considered by Potterfield, P.J., and Doyle and Mullins, JJ. Opinion by Mullins, J. (11 pages)
Kari Fogg appeals her conviction of operating while intoxicated (OWI), first offense. She contends the district court erred in denying her motion to suppress evidence on the basis of an allegedly unreasonable seizure. She also argues her counsel rendered ineffective assistance in failing to object to alleged prosecutorial error in the State’s closing argument. OPINION HOLDS: Having found the district court correctly denied Fogg’s motion to suppress and counsel was not ineffective as alleged, we affirm Fogg’s conviction of OWI, first offense.