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STATE v. KILBY

No. 19-0734.

961 N.W.2d 374 (2021)

STATE of Iowa, Appellee, v. Hannah Marie KILBY, Appellant.

Supreme Court of Iowa.

Filed June 18, 2021.

Attorney(s) appearing for the Case

Grant C. Gangestad (argued) of Gourley, Rehkemper, & Lindholm, P.L.C., West Des Moines, for appellant.

Thomas J. Miller , Attorney General, Linda J. Hines (argued), Assistant Attorney General, John P. Sarcone , County Attorney, and Maurice Curry , Assistant County Attorney, for appellee.

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

In this appeal, a defendant convicted of driving while intoxicated asks us to strike down as unconstitutional Iowa Code section 321J.16, which allows into evidence her refusal to submit to a breathalyzer test. The district court denied her motion in limine to exclude evidence of her test refusal and convicted her of operating...

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