Thursday, September 16, 2010

Supremes: Let it Bleed

State v. McCullah, no. 08-0051 (Iowa, August 20, 2010).

McCullah attacked a jailer in the Polk County Jail and in the ensuing beat down several people were injured and bled all over each other.

McCullah was charged with four counts of inmate assault. The District Court concluded that conviction on the charge does not depend on whether the blood or other...ahem...bodily substances is from an inmate or otherwise.

Concluding that the statute was ambiguous, the court held that 708.3B requires that the employee of the jail must come into contact with blood or bodily substances not his own.

However, not to worry. Mr. McCullah is not going anywhere soon, at least not for the next fifty years or so, according to the fine folks at the department of corrections. His apprehension came from a cold DNA hit so you could suppose he felt put upon.


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