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Iowa Supreme Court upholds decision on drug possession conviction

Oral hearings were held at MHS last month

T-R PHOTO BY MIKE DONAHEY Assistant attorney general Louis Sloven, at lectern, presents information to Iowa Supreme Court justices Nov. 19 at the Marshalltown Performing Arts Center while a court bailiff looks on.

The Iowa Supreme Court issued a ruling last week upholding a Polk County district court guilty verdict of Artell Young — a Des Moines man convicted of possession of crack cocaine, cocaine and marijuana, according to court documents.

The Polk County District Court judge had sentenced Young to a prison term of six years for the criminal offenses.

The supreme court’s decision of seven justices upholding the lower court’s decision was unanimous.

Making the case unique was that oral arguments were held the evening of Nov. 19 before the justices at the Marshalltown Performing Arts Center and hosted by Marshalltown High School.

The event was open to the public and organized by Iowa Supreme Court staff, Marshall County Bar Association (MCBA) and MHS staff. The state’s highest court usually holds such hearings at the Iowa Judicial Branch building in Des Moines. However, it periodically schedules hearings in different communities throughout Iowa. The hearings are open to the public regardless of location.

Young’s attorney — Melinda Nye of Ankeny — said during her presentation to the justices — that the search of Young’s residence and contraband found was conducted without a search warrant. As a result, it violated his rights under the Iowa Constitution and the evidence found should have been suppressed — or disallowed — in the district court case.

Young was on federal probation at the time of the search from a previous case involving possession of crack cocaine, cocaine and marijuana.

The state of Iowa – represented by assistant attorney general Louis Sloven of Des Moines – argued before the judges that federal probation agents had the right to search Young’s residence since he had agreed to such searches as part of his probation agreement. Sloven also argued before the judges a precedent upholding Young’s conviction had been made in a previous case — Iowa v. Ramirez in 2017.

Sloven said that a confidential informant had revealed to federal probation officials that Young was in possession of the contraband several months before the search. However, Nye argued that federal probation officials waited 10 months to act on the information. Twelve federal probation officials conducted the search and Young was placed in handcuffs during the search.

The case became complicated when federal officials declined to charge Young with the crimes of drug possession. However, state officials proceeded with their prosecution based on the evidence turned over to the state by the probation officers during the search.

Nye and Sloven were pressed by Supreme Court justices in questions to justify their arguments during the hearing.

Attorney Pete Grady of Marshalltown – who retired after many years of service with the Iowa Attorney General office – attended the hearing and had complimented the efforts of Nye and Sloven.

“Both were well prepared,” he said after the event. “This case is not quick and dirty – that is – can be easily resolved. Both offered compelling legal arguments.”

Grady also had complimented the MCBA, Iowa Supreme Court, and Marshalltown High School staff in efforts to organize the Nov. 21 event.

Present were numerous members of the public, MCBA attendees, Marshalltown High School staff and students.

Attorney and Marshalltown Mayor Joel Greer said in a telephone interview with the Times-Republican that he anticipated the Iowa Supreme Court’s decision.

However, he added that it was not an easy case to decide. Greer said he thought more students and residents would have attended if it had been held at a different time of year and during the day.

“I have attended similar events at several locations in Carroll and Cedar Rapids and among others, and holding them during the day encourages attendance,” he said.

However, Iowa Supreme Court official Steve Davis – who was in attendance and helped organize the event – said he was pleased with the attendance of 120 and also complimented the MCBA and MHS staff for their cooperation.

The next session of supreme court justices holding oral hearings “on the road” will be this spring in Lamoni, according to Davis.

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