DES MOINES, IOWA (September 5, 2019) —On Constitution Day, Tuesday, September 17, the Iowa Supreme Court will hear oral arguments at the Des Moines North High School auditorium, 501 Holcomb Avenue. The oral arguments are open to the public and will begin at 7PM. A public reception with the supreme court justices will follow the oral arguments in the auditorium lobby.
The court will hear attorneys argue the case of State of Iowa v Kari Lee Fogg, from Boone County.
Case summary: Kari Fogg seeks further review after the court of appeals affirmed her conviction for operating while intoxicated, finding Fogg was not subjected to a seizure by the police. Fogg claims she was seized for federal and state constitutional purposes when a police officer parked in front of her car, blocking her in an alley.
Iowa Court of Appeals opinion summary: Kari Fogg appeals her conviction of operating while intoxicated (OWI), first offense. She contends the district court erred in denying her motion to suppress evidence on the basis of an allegedly unreasonable seizure. She also argues her counsel rendered ineffective assistance in failing to object to alleged prosecutorial error in the State’s closing argument. OPINION HOLDS: Having found the district court correctly denied Fogg’s motion to suppress and counsel was not ineffective as alleged, we affirm Fogg’s conviction of OWI, first offense.
More information about the case, including the Iowa Court of Appeals opinion and attorney briefs, is available on the Iowa Judicial Branch website at https://www.iowacourts.gov/iowa-courts/supreme-court/supreme-court-oral-argument-schedule/case/18-0483.
Note to members of the media: News media are invited to attend the oral arguments. Court rules requiring advanced approval apply regarding still cameras, video cameras, audio recording devices, and other electronic devices used during the oral arguments. Information on expanded media coverage is available on the Iowa Judicial Branch website at https://www.iowacourts.gov/newsroom/expanded-news-media-coverage.
The Iowa Court Rules regarding cameras and other electronic devices in courtrooms are on the Iowa Legislature website at https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/12-26-2017.25.pdf.