Legal Opinion
State v. Swartz
Supreme Court of Iowa
Decided April 25, 1979No. 62610PublishedCited by 21 opinions
1Opinion of the Court
LARSON, Justice.
The sole issue on this appeal is one of first impression in this court. That is, may a prior conviction, which was set aside because of an illegal search, and another charge dismissed following sustaining of a motion to suppress under the fourth amendment, be considered by the trial court in determining a sentence to be imposed in a third, unrelated case? We conclude that they may.
The defendant was convicted of possession of a controlled substance with intent to deliver in 1974. He was sentenced to serve a term of five years, but the judgment and sentence were set aside by…
2Cases cited17 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Stone v. PowellSupreme Court of the United States · 1976
- United States v. CalandraSupreme Court of the United States · 1974
- Harris v. New YorkSupreme Court of the United States · 1971
- Michigan v. TuckerSupreme Court of the United States · 1974
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. ClineSupreme Court of Iowa · 2000
- Logan v. StateCourt of Appeals of Maryland · 1981
- Elson v. StateAlaska Supreme Court · 1983
- State v. Allan Banks Gibb IIISupreme Court of Iowa · 1981
- State v. PostSupreme Court of Iowa · 1979
16 more not listed; retrieve them via the Exa API.