finding error was not preserved because "defendant waives his right to complain of prosecutorial misconduct if a motion is not made 'before submission to the jury'"
Summary of this case from State v. GaryNo. 18-2052
01-23-2020
STATE of Iowa, Plaintiff-Appellee, v. Donald L. SMITH, Jr., Defendant-Appellant.
Susan R. Stockdale, West Des Moines, for appellant. Thomas J. Miller, Attorney General, and Darrel Mullins, Assistant Attorney General, for appellee.
finding error was not preserved because "defendant waives his right to complain of prosecutorial misconduct if a motion is not made 'before submission to the jury'"
Summary of this case from State v. GaryFull title:STATE OF IOWA, Plaintiff-Appellee, v. DONALD L. SMITH, JR.…
Court:COURT OF APPEALS OF IOWA
Date published: Jan 23, 2020
Since then, this court has rejected the State's argument on pro se filings in several cases. See, e.g.,…
State v. GaryWe decline his invitation to bypass error-preservation and we do not address his prosecutorial misconduct…