State of Iowa v. Lynn Melvin Lindaman

Lynn Lindaman appeals from his conviction for second-degree sexual abuse. Lindaman argues the district court erred in (1) allowing the complaining witness to testify through closed-circuit television, in violation of his constitutional right to confront the witnesses against him; and (2) allowing his wife to testify against him under an exception to the marital privilege. Lindaman also argues that the evidence was insufficient to support his conviction. The State cross-appeals from an order granting Lindaman’s motion to suppress a confession video. The State argues the district court erred in finding that the interviewing officers violated Lindaman’s statutory right to call a family member and/or an attorney under Iowa Code section 804.20. Lindaman responds that, even if the officers did not violate his statutory right, his confession should still be excluded because the officers violated his constitutional right to counsel when they questioned him after he requested an attorney.

Holding: The defendant appeals from his conviction for sexual abuse in the second degree, and the State cross-appeals seeking review of the district court’s order suppressing evidence of the defendant’s confession. Affirmed in Part, Reversed in Part, and Case Remanded.