State v. Mullen
Iowa Supreme Court
216 N.W.2d 375 (1974)
- Written by Eric Miller, JD
Facts
Steven Keenley, an undercover agent, sent Linda Archibald, who was cooperating with the government, into a tavern to contact Jerry Mullen (defendant) for the purpose of buying marijuana. After being persuaded by Archibald, Mullen agreed to sell marijuana to Keenley. Mullen and Archibald walked to Keenley’s vehicle, where Mullen sold Keenley marijuana. Mullen was arrested for the delivery (i.e., sale) of a controlled substance. At trial, Mullen raised the defense of entrapment. In response, the state (plaintiff) attempted to question Mullen about previous deliveries of marijuana to Keenley and Archibald. Mullen stated that to his recollection, such deliveries had not occurred. After cross-examination had concluded, the judge ascertained that Mullen had been arraigned a few months earlier for selling marijuana to Keenley. The judge permitted the reopening of cross-examination, overruling the objections of Mullen’s counsel. Mullen admitted to the previous offense. Motions for a mistrial and a new trial were overruled, and Mullen was found guilty. Mullen appealed. The Iowa Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Reynoldson, J.)
Concurrence (Uhlenhopp, J.)
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