State of Iowa v. Dimari Diajae Jaishon Meredith

CourtCourt of Appeals of Iowa
DecidedOctober 2, 2024
Docket23-1372
StatusPublished

This text of State of Iowa v. Dimari Diajae Jaishon Meredith (State of Iowa v. Dimari Diajae Jaishon Meredith) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Dimari Diajae Jaishon Meredith, (iowactapp 2024).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 23-1372 Filed October 2, 2024

STATE OF IOWA, Plaintiff-Appellee,

vs.

DIMARI DIAJAE JAISHON MEREDITH, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Lee (North) County,

Joshua P. Schier, Judge.

A criminal defendant appeals his second-degree murder conviction.

AFFIRMED.

Martha J. Lucey, State Appellate Defender, and Josh Irwin, Assistant

Appellate Defender, for appellant.

Brenna Bird, Attorney General, and Louis S. Sloven, Assistant Attorney

General, for appellee.

Considered by Ahlers, P.J., and Chicchelly and Buller, JJ. 2

BULLER, Judge.

Dimari Meredith appeals his conviction and sentence for second-degree

murder. He raises issues concerning a motion for continuance related to a jury-

composition claim, sufficiency of the evidence, and his sentence. We affirm,

finding no abuse of discretion in denying the requested continuance, the verdict

was supported by sufficient evidence, and the sentence complied with our case

law for sentencing juvenile murderers to a mandatory minimum.

I. Background Facts and Proceedings

Seventeen-year-old Meredith was hanging out with his fifteen-year-old

friend D.C. at D.C.’s grandmother’s home in Fort Madison. There were no overt

signs of disagreement between the two, who were in D.C.’s room. D.C.’s

grandmother, uncle, and brother were relaxing elsewhere in the house when they

heard a loud noise—which they soon realized was a gunshot.

When D.C.’s grandmother got to the bedroom, she found D.C. “slumped

over at the foot of his bed” and Meredith “sitting on the couch” nearby. She

screamed: “Call 911, call 911, he shot [D.C.], he shot [D.C.].” And she pressed a

towel against D.C.’s neck to try to stop the bleeding while she waited for help to

arrive. But it was too late: a bullet was lodged in D.C.’s brain, and he died.

Shortly after police responded and attempted to render aid, D.C.’s older

brother, uncle, and an officer watched as Meredith “jetted out of the front door” and

took off running down the street. Another officer, still in his squad car, saw

Meredith fleeing and stopped him. The officer asked Meredith if he was involved

in the incident down the block, and Meredith said no—he was “just out for a run.” 3

Officers placed Meredith in a squad car, but—in one officer’s words—

“ironically, that was a brand new vehicle and the child locks in the back were not

activated to be locked.” Meredith twice opened the door and attempted to flee:

once wearing clothes and once wearing only his underwear. Police

re-apprehended him both times. Officers read Meredith Miranda warnings, and he

said that he did not know what was going on, that he was sleeping when the gun

went off, and that he “did not know anybody inside the house.” He also told officers

that, if they tested his clothes and body for gunshot residue, they would not find

any. A preliminary gunshot-residue test on Meredith’s hands was positive. And

while he had initially given police his true name, Meredith tried to give a false name

to officers later in the day.

Back at the house, in D.C.’s room officers found a 9mm pistol inside a box

and a spent casing on the couch where Meredith was sitting. Testing by a firearms

expert with the Division of Criminal Investigation confirmed the pistol fired the

casing from the couch and the bullet later recovered from D.C.’s brain. The

firearms expert also explained at trial that this pistol would not “just go off”

accidentally, as it had multiple safeties and a “double-action trigger” that required

a “long, heavy trigger pull in order to fire the gun.”

An autopsy determined the cause of D.C.’s death was a gunshot wound to

the back of the neck, shot from “indeterminate range”—not point blank. The

medical examiner ruled the manner of death homicide, meaning someone other

than D.C. “fired the gun that shot the bullet that killed [him].” The pathologist ruled

out suicide because it is “impossible” for someone to point a gun to the back of

their own neck and fire it while leaving an indeterminate-range wound. 4

Although D.C.’s grandmother and others inside the house did not overhear

any discord between Meredith and D.C. the day of the shooting, one of D.C. and

Meredith’s shared friends testified she gave them a ride earlier in the day and

something seemed off. According to the friend, Meredith “didn’t seem as talkative”

or “happy as usual.” She thought he “looked angry.” And she observed D.C. was

not acting “happy, goofy, smiling, laughing” like he usually did. Both were quiet

when she dropped them off.

Meredith testified at trial that D.C. was his “best friend.” He said they were

“playing around with the gun” and it accidentally went off in his hand. He explained

he did not intend to shoot D.C., but acknowledged he must have pulled the trigger.

He admitted he “lied” to police—by falsely claiming he was asleep, that D.C. killed

himself, and that he and D.C. weren’t friends. And he admitted that he never told

the police the story he told the jury about the gun accidentally going off in his hand.

The Lee County Attorney charged Meredith with first-degree murder, and

Meredith unsuccessfully sought reverse-waiver transfer to juvenile court. The

Attorney General’s Office then appeared due to a potential conflict in the county

attorney’s office and amended the charge to murder in the second degree, a class

“B” felony in violation of Iowa Code sections 707.1 and 707.3 (2021). A North Lee

County jury found Meredith guilty on the amended charge following trial. He

appeals.

II. Discussion

Meredith raises three claims on appeal: that the district court abused its

discretion in denying a continuance related to his jury-composition challenge, that 5

there was insufficient evidence, and that the court abused its discretion in applying

the constitutional juvenile-sentencing factors. We address each in turn.

A. Jury-Composition Continuance

Meredith first seeks relief on a denied motion for continuance arising in the

context of a jury-composition claim. The backdrop is our supreme court’s decision

in State v. Plain, where the court formally adopted the U.S. Supreme Court’s three-

part test for fair-cross-section claims, requiring a defendant to prove:

(1) that the group alleged to be excluded is a “distinctive” group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process.

898 N.W.2d 801, 821–22 (Iowa 2017) (formatted for readability) (quoting Duren v.

Missouri, 439 U.S. 357, 364 (1979)).

Meredith frames the issue on appeal as whether the district court should

have granted a continuance so he could put forward an expert to allegedly address

prong three—a question we review for an abuse of discretion. The State asserts

our review is de novo, but we think the State’s position conflates the underlying

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Related

Duren v. Missouri
439 U.S. 357 (Supreme Court, 1979)
State v. Turner
630 N.W.2d 601 (Supreme Court of Iowa, 2001)
State v. Cox
500 N.W.2d 23 (Supreme Court of Iowa, 1993)
State v. Knight
701 N.W.2d 83 (Supreme Court of Iowa, 2005)
State v. Nance
533 N.W.2d 557 (Supreme Court of Iowa, 1995)
State v. McNamara
104 N.W.2d 568 (Supreme Court of Iowa, 1960)
State v. Fryer
226 N.W.2d 36 (Supreme Court of Iowa, 1975)
State of Iowa v. John David Green
896 N.W.2d 770 (Supreme Court of Iowa, 2017)
State of Iowa v. Kelvin Plain Sr.
898 N.W.2d 801 (Supreme Court of Iowa, 2017)
State of Iowa v. Donald Lyle Clark
814 N.W.2d 551 (Supreme Court of Iowa, 2012)
State v. Lyle
854 N.W.2d 378 (Supreme Court of Iowa, 2014)

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