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STATE v. McGEE

No. 19-1219.

959 N.W.2d 432 (2021)

STATE of Iowa, Appellee, v. Brian De Arrie McGEE, Appellant.

Supreme Court of Iowa.

Filed May 14, 2021.

Attorney(s) appearing for the Case

Martha J. Lucey , State Appellate Defender, and Vidhya K. Reddy (argued), Assistant Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Louis S. Sloven (argued), Assistant Attorney General, John P. Sarcone , County Attorney, Maurice Curry and Kailyn Heston , Assistant County Attorneys, for appellee.

Mansfield, J., delivered the opinion of the court, in which Christensen, C.J., and Waterman, McDonald, and McDermott, JJ., joined. McDermott, J., filed a special concurrence in which Christensen, C.J., and Waterman, J., joined. Appel, J., filed a dissenting opinion. Oxley, J., filed a dissenting opinion in which Appel, J., joined.

"Affirm if you can, reverse if you must, but never remand." We receive this advice often from our colleagues on the trial bench. Here, however, the law changed after this case was heard in the district court. In June 2019, the United States Supreme Court decided that the Fourth Amendment "almost always" permits warrantless blood...

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