STATE v. TONELLI

No. 07-0776.

749 N.W.2d 689 (2008)

STATE of Iowa, Appellant, v. Nicholas Anthony TONELLI, Jody George, and Stephen Nolte, Appellees.

Supreme Court of Iowa.

Rehearing Denied June 10, 2008.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Stephen Holmes, County Attorney, and Timothy Meals and Mary Howell Sirna, Assistant County Attorneys, for appellant.

Christine R. Keenan of Feilmeyer, Feilmeyer, Keenan, Forbes & Fultz, P.L.C., Ames, for appellee Tonelli.

Joseph R. Cahill of Cahill Law Offices, Nevada, for appellee George.

Daniel J. Gonnerman, Ames, for appellee Nolte.


APPEL, Justice.

In this case, we must decide whether the term "conspiracy," as used in the Iowa Rules of Evidence to allow for the admission of statements by coconspirators, is limited by the definition of criminal "conspiracy" found in the Iowa criminal code. We hold that while the crime of "conspiracy" arises under Iowa law only with respect to agreements to perform acts amounting to aggravated misdemeanors or felonies, the evidentiary rule may be applied more broadly...

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