Colin Christopher Murphy
PRO

Colin Christopher Murphy's Legal Cases (185)

West Des Moines, IA

Drug Crime Lawyer at West Des Moines, IA

Practice Areas: Drug Crime, DUI & DWI

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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.

Drug Crime

State v. J.W, Iowa District Court for Cerro Gordo County No. AGCR020708

May 04, 2012

OUTCOME: Possession of Marijuana Charge Dismissed

On May 4, 2012 the district court granted the State's application to dismiss the charge of possession of marijuana following the the filing of a Motion to Suppress just a week prior. The Motion to Sup ... press challenged whether the police could detain a vehicle and occupants to await the arrival of a drug sniffing K9 for a seat belt infraction and whether the K9 even alerted to the presence of contraband as claimed by the officer. The dismissal also prevents the DOT from suspending the driving privileges of those inside the vehicle because of a drug related conviction.

Criminal defense

State v. J.V., Iowa District Court for Worth County No. FECR008945

Apr 05, 2012

OUTCOME: Not Guilty Verdict - Class C Felony Burglary

On April 5, 2012 a Worth County jury returned a well deserved verdict of Not Guilty following a two-day trial on the charge of Burglary in the Second Degree, a class C felony. The State alleged my cli ... ent entered another's apartment at 4:00 a.m. and was twice held at gunpoint until the police arrived. Through thorough pretrial discovery and effective cross examination of the witnesses at trial, we were successful in raising reasonable doubt whether he ever entered the apartment. The jury also found him not guilty on the lesser included offenses of Attempted Burglary in the Second Degree, Burglary in the Third Degree, Attempted Burglary in the Third Degree and Simple Trespass.

DUI and DWI

State v. P.H., Iowa District Court for Mitchell County No. OWCR024120

Mar 20, 2012

OUTCOME: OWI - Second Offense Charge Dismissed

On March 20, 2012 the district court granted the State's motion to dismiss the charge of OWI - Second Offense following a ruling that suppressed a urine test. We were able to demonstrate that the offi ... cer requested a urine sample more than two hours after a preliminary breath test was administered under the false threat of a driver's license revocation. With the suppression ruling in hand, we also successfully petitioned the Iowa DOT to rescind the revocation and remove it from the certified driving record.

DUI and DWI

State v. N.K., Iowa District Court for Cerro Gordo County No. OWOM005375

Mar 06, 2012

OUTCOME: Not Guilty Verdict - Boating While Intoxicated

The jury returned a well deserved verdict of not guilty following trial on the charge of boating while intoxicated. This case involved a test refusal with no video. Although the arresting DNR officer a ... lleged poor balance, failed HGN, and an odor of alcohol, I was able to successfully rebut each allegation before the jury. Highlights included cross examining the DNR officer about all the standard field sobriety and marine sobriety tests that were NOT administered prior to requesting a breath sample. We also introduced evidence that my client did not appear to be under the influence of alcohol when he arrived at the jail. A conviction for boating while intoxicated brings a sentence of at least two days in jail, a fine of $1,000 and a prohibition against boating for a period of one year. A test refusal involves an additional penalty of at least $500 for a first offense.

Drug Crime

State v. T.S., Iowa District Court for Cerro Gordo County No. FECR020626

Mar 01, 2012

OUTCOME: Class B Felony Drug and Tax Stamp Charges Dismissed

On March 1, 2012 the district court granted the State's application to dismiss possession with intent to deliver methamphetamine and drug tax stamp charges shortly after we filed a motion to suppress e ... vidence challenge the K9 sniff of my client's vehicle. Although the K9 handler reported that the dog "indicated" on the vehicle, the traffic stop DVD showed that it never "alerted" as it was trained. Instead, the dog "indicated" on another german shepard that was inside the car something that was not mentioned in the report, but clearly observed on the DVD. This is another example of why defense counsel should not simply rely on the officer's version of the events, especially in K9 cases. Where video exists, you must review it very carefully and be willing and prepared to exploit the differences between the officer's report and the video. That's the real difference between a potential combined 30 year prison sentence and a dismissal.

Drug Crime

State v. M.E., Iowa District Court for Mitchell County No. SRCR023929

Feb 29, 2012

OUTCOME: Possession of Methamphetamine Charge Dismissed

On February 21, 2012 the district court granted the State's Motion for Dismissal shortly before the start of a jury trial on the charge of possession of methamphetamine. This was a "trace quantity" ca ... se involving a lab report showing microscopic amounts of the drug from the residue of a glass pipe. The residue was so minute that the state crime lab was unable to weigh it (to even the nearest hundredth of a gram!). We noticed the criminalist to testify in person pursuant to Iowa Code section 691.2, which allows the accused the ability to confront the analyst who performed the testing rather than simply allowing the report to come in unchallenged. In doing so, we intended to demonstrate through her in-court testimony that the quantity of controlled substance present in the residue was so minute that no one could "knowingly" possess it. Because knowledge is an essential element of the charge, we believed this would generate reasonable doubt. Apparently the State believed as much, too.

Drug Crime

State v. S.R., Iowa District Court for Cerro Gordo County No. FECR019997

Feb 23, 2012

OUTCOME: Three Class D Felony Drug Charges Dismissed

On February 23, 2012 the district court granted our Motion to Dismiss after we successfully showed that my client was placed under arrest for purposes of speedy trial during the execution of a search w ... arrant at his residence nearly six months before charges were filed. Because my client was not told he wasn't being placed under arrest, despite being handcuffed for more than an hour at his home and advised of his rights under Miranda, the court was required to look at the totality of circumstances and determine whether a reasonable person in his position would have believed he was under arrest. The ruling dismissed three class D felonies and a related serious misdemeanor charge, which could have resulted in a 17-year prison sentenced if convicted at trial.

Criminal defense

Mitchell County v. Zimmerman, 810 N.W.2d 1 (Iowa 2012)

Feb 03, 2012

OUTCOME: Reversed and remanded for entry of an order of dismissal

The Iowa Supreme Court struck down Mitchell County's Road Protection Ordinance No. 41 on First Amendment free exercise of religion grounds as it applied to members of the Old Order Groffdale Conference ... Mennonite Church, who are forbidden from driving tractors unless the wheels are equipped with steel cleats.

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