GUILTY IA - Tracy Tribble, 35, Council Bluffs, 3 May 2006

[OriginalJerseyGirl]

Daily Nonpareil Online > Archives > Council Bluffs > Court upholds Tribble verdict

... On appeal, Tribble argued that the court erred in instructing the jury on felony-murder as an alternative to first-degree murder, in admitting inadmissible hearsay testimony and in allowing the victim’s father to inject the notorious case of Scott and Lacy Peterson into evidence.

The Court of Appeals ruled that the jury could find that injuries to Tracy Tribble were separate from the injury that caused her death, which was listed as asphyxiation, and he could be convicted of felony murder.

The Court also ruled that hearsay evidence in the trial was “not prejudicial and did not impact the jury’s finding of guilt.”

... “I have said it before that life-sentence cases never really seem to go away because of the numerous appeals, but we will work hard to keep this conviction,” Wilber added. “Not only do they drag on for us, but for the victim’s family as well.”

The Court did preserve Tribble’s claim to ineffective assistance of counsel for a possible post-conviction proceeding. Tribble also could ask for further review on the appeal to the Iowa Supreme Court.

 

[Donjeta]

http://caselaw.findlaw.com/ia-supreme-court/1543164.html

Supreme Court of Iowa.

STATE v. TRIBBLE

STATE of Iowa, Appellee, v. Stanley Alan TRIBBLE, Appellant.

No. 07-1563.

-- October 29, 2010

Mark C. Smith, State Appellate Defender, and Dennis D. Hendrickson, Assistant State Appellate Defender, for appellant.Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Matthew D. Wilber, County Attorney, and Jon J. Jacobmeier, Assistant County Attorney, for appellee.

In this appeal, we must decide if the jury in a criminal prosecution was properly instructed by the district court on the felony-murder alternative to first-degree murder. On our review, we affirm the decision of the court of appeals and the judgment and sentence of the district court.