State of Iowa v. John David Green

CADY, Chief Justice.

In this case, we consider the right to counsel under article I, section 10 of the Iowa Constitution. We also consider the court’s use of a malice-inference jury instruction. The district court held John David Green did not have a right to counsel under the Iowa Constitution when he voluntarily participated in a noncustodial police interview under the supervision of an Iowa county attorney, even though the State’s homicide investigation had by then focused on Green as the primary suspect. The district court also instructed the jury that it could infer Green acted with…