STATE v. HALSTEAD

No. 09-0647.

791 N.W.2d 805 (2010)

STATE of Iowa, Appellee, v. David John HALSTEAD, Appellant.

Supreme Court of Iowa.

December 17, 2010.


Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, Stephan J. Japuntich , Assistant State Appellate Defender, and Cory McAnelly , Student Legal Intern, for appellant.

Thomas J. Miller , Attorney General, Sharon K. Hall , Assistant Attorney General, Patrick Jennings , County Attorney, and Drew H. Bockenstedt , Assistant County Attorney, for appellee.


APPEL, Justice.

In this case, we confront the validity of inconsistent jury verdicts in a criminal trial in which a single defendant is convicted on a compound offense that requires, as an element, a finding of guilt on a predicate offense, but is acquitted on the underlying predicate offense. The rule in the majority of jurisdictions is to ignore the inconsistency and uphold the jury verdicts. The majority rule, however, has been subject to criticism, and a minority...

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