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CASE WINS

Scott County, Iowa Trials:
STATE v. TOLBERT, No. 153530-01, Delivery of Crack Cocaine to an Undercover Officer
Jury Verdict: Not Guilty

STATE v. BROWN, No. FECR 192755; Homicide by Vehicle
Jury Verdict: NOT GUILTY

STATE v. BARNES, No. FECR 212146; Possession with Intent to Deliver Crack & Iowa Drug Tax Stamp
Jury Verdict: NOT GUILTY

STATE v. HERNANDEZ, No. FECR 223794; 2 Counts of Attempt to Commit Murder and Felony Eluding
Jury Verdict: NOT GUILTY on 2 Counts of Attempt to Commit Murder, Guilty of Felony Eluding

STATE v. HERNANDEZ, No. FECR 243495; Burglary in the 2nd Degree & Sexual Abuse in the 3rd Degree
Jury Verdict: Simple Trespass and Simple Assault

STATE v. FULLER, No. FECR 262359; Threat of Arson
Bench Trial: Verdict, NOT GUILTY

STATE v. MALONE, No. FECR 279022; Sexual Abuse in the 2nd Degree
Jury Verdict: NOT GUILTY

STATE V. FLOCKHART, No. FECR 280513; Homicide by Vehicle while under the Influence of Alcohol.
Jury Verdict: NOT GUILTY

STATE v. SIMMONS, No. FECR 284063; Child Endangerment with Serious Injury
Jury Verdict: NOT GUILTY

STATE v. GATLIN, No. FECR 289281; Willful Injury with Bodily Injury
Jury Verdict: NOT GUILTY

STATE v. THOMAS, No. FECR 293097; Kidnapping 2nd Degree & Domestic Abuse With a Dangerous Weapon
Jury Verdict: False Imprisonment and Simple Domestic Abuse

STATE v. PRIVETT, No FECR 293870; Sexual Abuse 3rd Degree
Jury Hung: State Dismissed charges with no retrial

STATE C. MAID, No. FECR 306570; Robbery 2nd Degree
Jury Verdict: NOT GUILTY

STATE V. CARROLL, No. SRCR 307780; Assault with Injury
Jury Verdict: NOT GUILTY

STATE v. SOUNTRIS, No. AGCR 308325; Operating while under the influence of Alcohol and Child Endangerment
Jury Verdict: NOT GUILTY on OWI and hung jury on Child Endangerment. State dismissed Child Endangerment without retrial

STATE v. ARGUELLO, No. OWCR 307 901; Operating while under the influence of Alcohol & Driving while Barred
Jury Verdict: NOT GUILTY on the OWI and Guilty on Driving while Barred

STATE v. RALSTON, No. OWCR 313690; Operating while under the influence of Alcohol & Striking an unattended vehicle.
Jury Verdict: NOT GUILTY on both charges.

STATE V. RAYA,  No. AGCR 321501; three counts of Indecent Contact with a Child.
One Count dismissed the morning of trial.
Jury Verdict on two remaining counts:  NOT GUILTY

STATE v. DELGADO, No. FECR 320466; One Count of Sexual Abuse in the Third Degree
Jury Verdict, NOT GUILTY.

STATE v. FARRAJ, No. SRCR 323399, Possession of Controlled Substance.
State required to dismiss after Jury was selected.

STATE v. FARRAJ, No. FECR 324760; Going Armed With Intent.
Jury Verdict, NOT GUILTY.

STATE v. HENTGES, No. AGCR 331494, Assault While Displaying a Dangerous Weapon.
Jury Verdict, NOT GUILTY.

Other Trials:

STATE v. ELLIS, Clinton County, Iowa No. FECR 022929; Attempt to Commit Murder and Willful Injury
Jury Verdict: Assault with intent to cause Serious Injury and Willful Injury.

UNITED STATES v. DURAN, Southern District of Iowa case No. 3:01-cr-0057; Conspiracy to Distribute Cocaine and Possession with Intent to Distribute Cocaine.
Jury Verdict: NOT GUILTY on both Counts

STATE v. BELL, Johnson County, Iowa No. FECR Possession with Intent to Deliver Cocaine
Judge ordered Directed Verdict of Acquittal

STATE v. MOGHRAM, No FECR 041562; One count of Kidnapping in the First Degree (possible mandatory life with out parole), two counts of Sexual Abuse in the Second Degree (possible mandatory incarceration for not to exceed 25 years with a mandatory 70% to be severed on each count),  two counts of Sexual Abuse in the third degree, consensual statutory rape (possible probation or up to ten years in prison on each count).
Jury Verdicts: NOT GUILTY, Kidnapping 1st Degree and two counts of Sexual abuse in the 2nd Degree.   Guilty of consensual statutory rape.

IN THE INTEREST OF A.B., Muscatine County, Iowa Child in Need of Assistance Case No. JVJV 5338, allegation that father sexually abused daughter.
After two days of trial, Court took the matter under advisement.  Court ruled there was insufficient evidence to support the allegations and dismissed the petition.

Pre-trial Wins:

STATE v. EARLES. Dubuque County, Iowa Case No. 055304; Child Endangerment with Serious Injury.
State dismissed charges after discovery but prior to trial.

STATE v. BELL, No. SRCR 259534; Possession of Marijuana
Dismissed by State after successful Motion to Suppress Results of Warrant-less Search

STATE v. COPPAGE, No. FECR 270113; Possession with Intent to Deliver and Drug Tax Stamp Violation
Dismissed by State after successful Motion to Suppress Results of Warrant-less Search

STATE v. LAWRENCE, No. FECR 270219; 2 Counts of Robbery 1st Degree
State Dismissed on morning of trial

STATE V. BRASHER, No. OWCR 277039; Operating While Under the Influence of an Alcoholic Beverage First Offense.
State required to Dismiss after successful Motion to Suppress Evidence based upon an illegal stop of the defendant.

STATE v. SIMMONS, No. AGCR 288816; Witness Tampering and Harassment
State Dismissed before trial

STATE v. MATHIAS, No. SMCR 292586; Interference with Official Acts.
Court Dismissed the charge after a successful Motion to Dismiss based upon defendant’s claim that he was arrested and charged because he exercised his Fifth Amendment rights to remain silence.

STATE v. DOERRFELD, No. FECR 299405; Theft in the First Degree
Dismissed by Court based upon Defendant’s Pretrial motion to dismiss

STATE v. PRUGER, No. FECR 302428; Willful Injury with Bodily Injury
State Dismissed before trial

STATE V. FARRAJ, No. SRCR 305089, Possession of Marijuana
Dismissed by State after successful Motion to Suppress Results of Warrant-less Search

STATE v. JOHNSON, No. FECR 305698; Sexual Exploitation of a Child
State dismissed before trial

STATE v. LeMAITRE, No. FECR 038259 (Muscatine County, Iowa) On Criminal Conduct, Theft 1st Degree, Money Laundering, Solicitation to Commit a Misdemeanor.
State Dismissed after Defense’s successful pretrial Motion for Adjudication of Law Points.

STATE v. WIGGINS, No. FECR 311578; Possession with Intent to Deliver and Drug Tax Stamp Violation
State dismissed before trial.

Appeals:

IN THE INTEREST OF E.A., 552 N.W. 135 (Iowa 1996)
District Court ruled against client. Attorney Bell appealed on behalf of client – Court of Appeals reversed Ruling of District Court and remanding for further proceedings

GARTIN v. TAYLOR, 557 N.W. 2d 410 (Iowa 1998)
Favorable ruling for client (Gartin) from District Court, Taylor appealed, Supreme Court Affirmed Ruling of District Court for Gartin

STATE v. BROWN, 666 N.W.2d 619 (Iowa App. 2003).
Reversed conviction and Remanded for new trial

STATE v. BOLSINGER, 706 N.W. 560 (Iowa 2006)
Reversed conviction on 3 counts of sexual abuse 3rd degree, over ruling State v. Vander Esch, 662 N.W.2d 689, (Iowa App. 2002)

UNITED STATES v. KIRK, 528 F.3d 1102 (8th Cir., 2008).
Reversed and remanded for dismissal of one count and reduction of sentence by approximately 23 years.

UNITED STATES v. RUSH-RICHARDSON, 574 F.3d 906 (8th Cir., 2009).
Reversed and remanded for new trial because of improper jury instruction. Upon remand the Government agreed to a reduction of sentence from 195 months to 151 months.
Specialties-Murray Bell, P.C practice primarily in Criminal Defense and Juvenile Delinquency Defense.