Iowa Supreme Court · No. 22-0522
State of Iowa v. Derek Michael White
Decided June 28, 2024 · appeal from Osceola County · Criminal
What the court decided
AI summary The defendant challenged his conviction for child neglect and endangerment, arguing that allowing children to testify via closed-circuit television violated his constitutional right to confront witnesses. The court addressed whether the use of remote video testimony was legally permissible under the Iowa Constitution. The court's decision partially affirmed the previous ruling and partially vacated it, sending the case back to the lower court for further action.1
Result: DECISION OF COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT REVERSED AND REMANDED
The court’s own summary
Derek Michael White seeks further review of the court of appeals opinion that affirmed his conviction for neglect or abuse of a dependent child, a class “C” felony, in violation of Iowa Code section 726.3 and two counts of child endangerment resulting in bodily injury, class “D” felonies, in violation of Iowa Code sections 726(1)(a)–(b) and (7). The court of appeals rejected White’s argument that the closed-circuit testimony approved by Iowa Code section 915.38(1)(a) violates article I, section 10 of the Iowa Constitution. Further, the court found the testimony of the children’s therapist justified allowing them to testify against their father by closed-circuit television.
Holding: Derek White contends that his right of confrontation under the Iowa Constitution was violated. DECISION OF COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT REVERSED AND REMANDED.
Judges
- Written by Justice David May
- Trial judge: Shayne L. Mayer, Osceola County
Iowa Code it cites
Each links to the bills that change that chapter. Read chapter 915