Legal Opinion

State of Iowa v. Jillian Jane Stewart

Supreme Court of Iowa

Decided January 9, 2015No. 13–1113PublishedCited by 20 opinions

1Opinion of the Court

APPEL, Justice.

In this case, we consider whether the offense of possession of a controlled substance merges with the offense of introduction of a controlled substance into a detention facility by operation of Iowa’s merger statute and principles of double jeopardy. For the reasons expressed below, we conclude the crimes do not merge and may be simultaneously charged in one criminal prosecution. We therefore affirm the decision of the court of appeals.

I. Background Facts and Proceedings.

As this case raises purely legal issues, the facts need not be recited in detail. Jillian Stewart was…

2Cases cited23 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Whalen v. United StatesSupreme Court of the United States · 1980
  3. State v. JeffriesSupreme Court of Iowa · 1988
  4. State v. HalliburtonSupreme Court of Iowa · 1995
  5. State of Iowa v. David Lee MillerSupreme Court of Iowa · 2014

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3Cited by20 opinions

  1. State of Iowa v. Joseph D. CerettiSupreme Court of Iowa · 2015
  2. State of Iowa v. Toby Ryan RichardsSupreme Court of Iowa · 2016
  3. State of Iowa v. Travis Raymond Wayne WestSupreme Court of Iowa · 2019
  4. Amended January 12, 2016 State of Iowa v. Joseph D. CerettiSupreme Court of Iowa · 2015
  5. Amended July 20, 2016 State of Iowa v. Toby Ryan RichardsSupreme Court of Iowa · 2016

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