State v. Anderson

618 N.W.2d 369 (2000)

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Nature of the Case

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Facts

D is a licensed attorney. He represented Steve Schuemann in connection with criminal charges that had been filed against Schuemann. Schuemann was also the subject of an ongoing undercover investigation by a special agent for the Iowa Department of Narcotics Enforcement, Todd Jones. On three occasions in 1997, Schuemann sold drugs to Jones. Schuemann also told Jones that his attorney, D, had accepted drugs in payment for legal services. Jones passed this information along to the Shelby County authorities, including the sheriff and the county attorney. Schuemann accepted a plea bargain in return for acting as a confidential informant. Schuemann agreed to assist in an investigation of D. The story was that Jones needed an attorney for OWI, and Jones was a drug dealer. All three met, and the meeting produced no incriminations against D. A second meeting was arranged and the story was now that Schuemann had assisted Jones in setting up a big drug deal and that, in return for this assistance, Jones was willing to pay some of Schuemann’s legal bills with drugs. Schuemann reported that D was expecting to hear from Jones. The next day, Jones called D and tape-recorded the conversation. D informed Jones that the balance of Schuemann's bill on the domestic abuse matter plus the cash advance was approximately $1360. Jones rambled on alluding to cocaine for payment on the bill. A good part of the tape from this point forward was useless. Jones testified that D indicated that D needed to know how good it was. Jones then stood up and handed a baggie of cocaine to D. D stated that the drugs were worth about six or seven hundred dollars. Jones replied that he would go with five to make it right. After the delivery occurred and the price was determined, the parties talked briefly about the odor of the drugs and Jones OWI charge. D was then arrested. At the close of evidence, D filed a motion for judgment of acquittal, claiming there was insufficient evidence that D solicited Jones to commit a felony. D was convicted and appealed.