State v. Morris

I dissent because the plurality fails to recognize and apply the well-established principle that a defendant’s possession of recently stolen property creates an inference that the defendant stole it. In concluding that proof of intent was not established in this case, the plurality expressly relies on State v. Schminkey, 597 N.W.2d 785 (Iowa 1999), stating, “fw]e agree with the court of appeals’ reading of Schminkey and its application to the present facts.”

Even if the holding in Schminkey, was correct, I disagree with the plurality’s reliance on it in this case. Both Schminkey and the…