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Court orders new trial for disruptive defendant

The Iowa Court of Appeals is ordering a new trial for an Iowa man who was excluded from his original trial because of disruptive behavior.

The court ruled Wednesday that Dontrayius Carey's removal from the courtroom on the first day of trial was justified for arguing with the judge and refusing to listen to instructions.

But the court said Judge Nathan Callahan abused his discretion when he kept Carey out for the remainder of the trial without personally telling him he could return if there would be no further disturbances.

Carey was convicted of possession of a controlled substance.  A Waterloo police officer responding to a report of shots fired found marijuana on Carey after a pat-down search.

The court ruled Wednesday that the search was justified.

posted : August, 13th by KXEL


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