Legal Opinion

State v. Erving

Supreme Court of Iowa

Decided April 11, 1984No. 83-35PublishedCited by 21 opinions

1Opinion of the Court

REYNOLDSON, Chief Justice.

Following a jury trial, defendant Allan Brian Michael Erving was convicted of attempted burglary, a violation of Iowa Code section 713.2 (1981). On this appeal defendant asserts the evidence was insufficient to generate a jury question, and he had ineffective assistance of counsel. The latter claim is based on his trial attorney’s failure to move for mistrial after the prosecutor allegedly intimidated a defense witness. We affirm.

August 30, 1981, defendant and a companion, Kevin Williams, both from St. Louis, Missouri, entered a Walgreen’s drugstore in Davenport.…

2Cases cited15 opinions

  1. United States v. Walter Morrison A/K/A "Skip" Morrison Appeal of Nick BosciaCourt of Appeals for the Third Circuit · 1976
  2. Fryer v. StateSupreme Court of Iowa · 1982
  3. State v. SchrierSupreme Court of Iowa · 1981
  4. State v. DuncanSupreme Court of Iowa · 1981
  5. United States v. Claude L. Smith, United States of America v. James P. JarvisCourt of Appeals for the D.C. Circuit · 1973

10 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. ThorntonSupreme Court of Iowa · 1993
  2. State v. CasadySupreme Court of Iowa · 1992
  3. State v. SerratoSupreme Court of Iowa · 2010
  4. State of Iowa v. Michael Cory Kelso-ChristySupreme Court of Iowa · 2018
  5. State v. FoxSupreme Court of Iowa · 1992

16 more not listed; retrieve them via the Exa API.

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