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IA SUPCO affirms District Court ruling in Pott. County serious assault case

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June 23rd, 2017 by Ric Hanson

The Iowa Supreme Court has nullified an Oct. 2016 Appeals Court ruling in the case of a Pottawattamie County man convicted of willful injury and criminal trespass, after the Appeals Court reversed the District Court’s verdict, based on an error in a speedy trial ruling.The Supreme Court (With two justices dissenting), affirmed the District Court ruling in the case of Christopher Clay McNeal, of Council Bluffs.

McNeal was initially charged with attempt to commit murder, first-degree burglary, willful injury, and two assaults, following an investigation into an incident that took place Feb. 22nd, 2015, at an auto repair shop in Council Bluffs. He was ultimately convicted of assault with intent to inflict serious injury on his victim, Matthew Browning, by striking him with a hammer. He was also convicted of criminal trespass and willful injury causing serious injury. He was sentenced to a total of 10-years in prison.

In short, the Appeals Court reviewed McNeal’s claim that the State failed to meet its burden to bring him to trial within ninety days for the correction of legal error, and ordered the case be dismissed. The Iowa Supreme Court, in over-ruling the Appeals Court, found the District Court was within reason to schedule McNeal’s trial when it did, and its discretion was not abused.

(For more detailed information: http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Supreme_Court_Opinions/Recent_Opinions/20170623/15-1606.pdf)