State of Iowa v. James Mikale Wiggins

Defendant appealed the judgment and sentence entered on his conviction for second-degree murder. Defendant argued the district court erred by: (1) following a general policy of having a uniformed deputy sit near the witness stand when defendant was giving testimony; (2) denying him a judgment of acquittal on his defense of justification; (3) instructing the jury it could consider the acts and conduct of an aider and abettor to find malice; and (4) imposing an illegal sentence by requiring defendant’s participation in a victim offender dialogue. The court of appeals reversed and remanded for a new trial. The State seeks further review.

Holding: The State seeks further review of a decision of the court of appeals reversing a defendant’s second-degree murder conviction and remanding for a new trial on the ground that having a uniformed deputy stationed near the defendant when the defendant testified violated his right to a fair trial. Court of appeals decision vacated, district court sentencing provision requiring victim-offender dialogue vacated, judgment otherwise affirmed, and case remanded for removal of that provision from the sentencing order.