Iowa Supreme Court · No. 25-0145
State of Iowa v. Brian Todd Thompson
Decided May 22, 2026 · appeal from Polk County · Criminal
What the court decided
AI summary The defendant appealed his convictions for theft by deception, arguing that the instructions given to the jury did not properly explain how his deceptive actions related to the transfer of property. The court affirmed the original judgments. This means the defendant's convictions will stand.1
Result: Affirmed
The court’s own summary
Brian Thompson appeals from the judgments of sentence on two counts of theft by deception in the second degree as a habitual offender, in violation of Iowa Code section 714.1(3). He argues the marshaling instruction failed to link his alleged acts of deception to transfer(s) of property from the victim, and it therefore omitted an essential element of the offense. He further argues that to safeguard defendants’ rights a reviewing court should not apply harmless-error analysis when determining whether the conviction should stand.
Holding: A defendant appeals his convictions for two counts of theft by deception, arguing that the jury instructions misstated an element of the offense. Affirmed.
Judges
- Written by Justice Edward M. Mansfield
- Trial judge: Celene Gogerty, Polk County
Iowa Code it cites
Each links to the bills that change that chapter.