Court of Appeals of Iowa· 9/9/2004
State v. Cooley
Citations
- 691 N.W.2d 737
- 2004 Iowa App. LEXIS 1043
- 2004 WL 2005998
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding “a defendant’s presence is not required where a district court is correcting an existing sentence, so long as the disposition would not be aided by the defendant’s presence and the modification does not make the sentence more onerous”
- requiring a judgment be set aside on remand and noting the remand was not limited to resentencing
- mandating personal presence at a hearing for “correction of sentence” if the proceeding is aided by the defendant’s presence and if the new sentence will be more onerous
- noting court’s remand direction in effect “required that the district court set aside its judgment that [defendant] was a habitual offender” and “did not limit the remand to a simple reduction in the sentence”
- “[A] defendant’s presence is not required where a [trial] court is correcting an existing sentence, so long as the disposition would not be aided by the defendant’s presence and the modification does not make the sentence more onerous.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sackett, Vogel, Zimmer
Read full opinion on CourtListenerCited by
12 cases in this archive cite this case.
- Irons v. PeopleSupreme Court of The Virgin Islands· 2012-09-21· cited 3×
- State of Iowa v. Duane Luverne YatesCourt of Appeals of Iowa· 2014-06-11
- State of Iowa v. Duane Luverne YatesCourt of Appeals of Iowa· 2015-08-19
- State of Iowa v. Demarcus Letrelle CulbersonCourt of Appeals of Iowa· 2015-10-28
- State of Iowa v. William J. Kirchner Jr.Court of Appeals of Iowa· 2016-06-15
- State of Iowa v. Mark Len PalmerCourt of Appeals of Iowa· 2016-06-15
- State of Iowa v. Steven F. ScarlettCourt of Appeals of Iowa· 2017-05-17
- State of Iowa v. George James JacksonCourt of Appeals of Iowa· 2020-03-04
- Odell Everett v. Iowa District Court for Black Hawk CountyCourt of Appeals of Iowa· 2021-08-18
- State of Iowa v. Dakota Neil BishopCourt of Appeals of Iowa· 2023-09-13
- State of Iowa v. Stanley Lavell DonahueCourt of Appeals of Iowa· 2025-01-23
- State of Iowa v. Taylor Christopher SmithCourt of Appeals of Iowa· 2026-01-07
Cites
17 cases in this archive are cited by this case.
- Iowa v. TovarSupreme Court· 2004-03-08· cited 747×
- Green v. United StatesSupreme Court· 1961-04-17· cited 734×
- State v. LiddellSupreme Court of Iowa· 2003-12-17· cited 112×
- United States v. Larry William JacksonEleventh Circuit· 1991-02-19· cited 89×
- United States v. Sim Ed MoreeFifth Circuit· 1991-03-28· cited 78×
- State v. LumadueSupreme Court of Iowa· 2001-02-14· cited 67×
- David Richard Caille v. United StatesFifth Circuit· 1973-11-26· cited 61×
- United States v. Paul James TaylorEleventh Circuit· 1994-01-12· cited 48×
- State v. CraigSupreme Court of Iowa· 1997-04-23· cited 35×
- State v. JacobsSupreme Court of Iowa· 2001-12-19· cited 24×
- Hillrichs v. Avco Corp.Supreme Court of Iowa· 1994-03-23· cited 21×
- Raymond Lee Rust v. United StatesEighth Circuit· 1984-01-16· cited 17×
- State v. AustinSupreme Court of Iowa· 1998-10-21· cited 16×
- State v. FosterSupreme Court of Iowa· 1982-04-21· cited 15×
- State v. TovarSupreme Court of Iowa· 2003-01-23· cited 10×
- State v. JohnsonSupreme Court of Iowa· 1974-10-16· cited 8×
- Feller v. Scott County Civil Service CommissionSupreme Court of Iowa· 1992-03-18· cited 5×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.