Attorney Colin Christopher Murphy's Legal Cases

Drug Crime

State v. K.B., Iowa District Court for Cerro Gordo No. FECR021372

Dec 04, 2012

OUTCOME: Class B Felony Drug Possession Charge Dismissed

On December 4, 2012 the district court dismissed a class B felony charge of possession with intent to deliver methamphetamine (99% purity) shortly after I filed a motion to suppress challenging the tra ... ffic stop. Law enforcement claimed that the vehicle was operating without headlamps at night, which, of course, was not captured on the in-dash camera. However, we were prepared to show that the 1997 Chevrolet Lumina had automatic daytime running lamps that automatically converted to headlamps at night. That reason, coupled with the fact that law enforcement claimed that they couldn't tell whether the driver, a 6'1" male, was the same 5'2" female who owned the vehicle and whose license was suspended, apparently made the State rethink the legal basis for the stop.

DUI and DWI

State v. J.S., Iowa District Court for Cerro Gordo County No. OWOM005847

Oct 02, 2012

OUTCOME: Not Guilty Verdict - OWI

On October 2, 2012 a jury returned a verdict of Not Guilty after deliberating more than 6 hours to the charge of OWI. We presented a rising breath alcohol defense to a DataMaster DMT result of .093 by ... successfully cross-examining the criminalist from the state crime lab. My client was stopped for a seat belt violation a few blocks from his home after consuming his last of three beers 20 minutes before the stop. We successfully defended against the claim that passing scores on two of three standardized field sobriety tests meant that my client was "under the influence" of alcohol. This is another example of why attorneys should not plead their clients guilty with low breath test results on the DataMaster. With the right presentation, these cases are not only defensible, they are winnable.

DUI and DWI

State of Iowa v. J.M., Iowa District Court for Cerro Gordo County No. OWOM005817

Aug 23, 2012

OUTCOME: OWI Charge Dismissed

On August 23, 2010 the district court granted the State's Application and Order for Dismissal on the grounds there was insufficient evidence to justify prosecution and conviction following a successful ... pretrial motion suppressing a breath test refusal and a mistrial in district court.

Criminal defense

State v. B.B., Iowa District Court for Cerro Gordo County No. SRCR020151

Jul 17, 2012

OUTCOME: Not Guilty Verdict

On July 17, 2012 a jury returned its verdict of Not Guilty following trial on the charge of Criminal Mischief in the 4th Degree and the lesser included offense of Criminal Mischief in the 5th Degree. ... The State alleged that my client had damaged several items of property beloning to another person. We successfully obtained a directed verdict in our favor on a number of items at the close of the State's case. Then, we successfully argued that the State failed to prove who owned the remaining items, whether there was any damage and whether there was any cost incurred to repair or replace any damage.

DUI and DWI

State v. B.B., Iowa District Court for Worth County No. OWCR009070

Jul 09, 2012

OUTCOME: OWI Second Offense Charge Dismissed

On July 9, 2012 the district court granted my Motion to Dismiss for the reason that the State specially set trial more than one year from the date of my client's arraignment. The State made no applica ... tion to extend the time period and was unable to assert good cause to extend the trial deadline past one year in response to my motion.

Criminal defense

In the Matter of Property Seized from J.S., Iowa District Court for Cerro Gordo County No. SPCV067476

Jul 09, 2012

OUTCOME: Chevrolet Tahoe SUV Returned

On July 9, 2012 the district court ordered the return of a Chevrolet Tahoe SUV to its owner after we successfully established that the property was no longer required as evidence, the investigation int ... o any criminal activity was completed and the seizing agency had not yet filed a forfeiture request for several months following the seizure.

DUI and DWI

State v. R.D., Iowa District Court for Mitchell County No. OWCR024170

Jun 12, 2012

OUTCOME: OWI Charge Dismissed

On June 12, 2012 the district court granted the State's voluntary dismissal in the interests of justice of the charge of OWI following a successful motion suppressing breath test evidence and ruling th ... at it could not be introduced at trial. We argued and the district court found that the arresting officer did not honor my client's right to make a telephone call to his wife once he reached the jail as allowed under Iowa Code section 804.20.

Drug Crime

State v. Z.L., Iowa District Court for Cerro Gordo County No. FECR020738

Jun 06, 2012

OUTCOME: Two Class D Felony Drug Possession Charges Dismissed

On June 6, 2012 the district court granted the State's application to dismiss two felony drug possession charges following a June 1, 2012 pretrial ruling that suppressed the discovery of narcotics and ... other contraband during a roadside pat-down. We were successful in demonstrating that the officer did not have any reasonable fear for his safety at the time he requested permission to pat-down my client for weapons. Also, we demostrated that the request for consent to pat-down was not voluntary under the circumstances. In this case, other attorneys who reviewed the facts advised the client there was nothing that could be done other than argue for leniency at sentencing. These charges could have resulted in two five-year felony prison sentences that the court could have ordered my client to serve consecutively, meaning up to ten years in prison and a potential fine of up to $15,000.

DUI and DWI

State v. B.S., Iowa District Court for Cerro Gordo County No. OWOM005736

May 22, 2012

OUTCOME: Not Guilty Verdict - OWI Second Offense

On May 22, 2012 a Cerro Gordo County jury returned a verdict of Not Guilty in a case involving a DataMaster DMT test of 0.099 administered 54 minutes after a traffic stop for speeding. We successfully ... raised reasonable doubt regarding the dubious administration of field sobriety tests. More importantly, however, we persuasively argued that the breath alcohol content was rising from the time of the stop to the time of the breath test and the State could not prove beyond a reasonable doubt whether the driver was over 0.08 at the time of the stop. Rising breath alcohol is a credible defense to the charge of OWI under the right circumstances.

Criminal defense

In the Matter of Property Seized from J.K., Iowa District Court for Cerro Gordo County No. SPCV067357

May 08, 2012

OUTCOME: Forfeiture of $3,000 and Chevrolet Cube Truck Prevented

On May 8, 2012 the district court ordered the return of certain property seized from the owner, including nearly $3,000 in cash and a 2008 Chevrolet cube truck, after we successfully established that t ... he property was no longer required as evidence, the investigation into any criminal activity was completed and the seizing agency had not yet filed a forfeiture request for 6 months following the seizure.

Colin Christopher Murphy's Legal Cases (183)

State v. K.B., Iowa District Court for Cerro Gordo No. FECR021372

State v. J.S., Iowa District Court for Cerro Gordo County No. OWOM005847

State of Iowa v. J.M., Iowa District Court for Cerro Gordo County No. OWOM005817

State v. B.B., Iowa District Court for Cerro Gordo County No. SRCR020151

State v. B.B., Iowa District Court for Worth County No. OWCR009070

In the Matter of Property Seized from J.S., Iowa District Court for Cerro Gordo County No. SPCV067476

State v. R.D., Iowa District Court for Mitchell County No. OWCR024170

State v. Z.L., Iowa District Court for Cerro Gordo County No. FECR020738

State v. B.S., Iowa District Court for Cerro Gordo County No. OWOM005736

In the Matter of Property Seized from J.K., Iowa District Court for Cerro Gordo County No. SPCV067357