State v. Briggs

666 N.W.2d 573, 2003 Iowa Sup. LEXIS 138, 2003 WL 21659111
CourtSupreme Court of Iowa
DecidedJuly 16, 2003
Docket01-1914
StatusPublished
Cited by45 cases

This text of 666 N.W.2d 573 (State v. Briggs) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Briggs, 666 N.W.2d 573, 2003 Iowa Sup. LEXIS 138, 2003 WL 21659111 (iowa 2003).

Opinions

CADY, Justice.

In this appeal, we consider whether the imposition of cash only bail violates the Iowa Constitution. We conclude that it does not, and affirm the district court.

I. Background Facts and Proceedings.

On August 10, 2001, Des Moines police arrested Tonya Briggs after she propositioned an undercover police officer. Briggs was later charged with prostitution, marking the fourth time she had been charged with the same offense in less than a year. She made an initial appearance on August 11 and, after her bond was reviewed, was released on $6500 bond “cash/surety” pending her arraignment on September 24. She posted bail on August 19 with the assistance of a local bail bond company.

Briggs did not appear for her arraignment on September 24. This prompted the district court to issue a bench warrant for her arrest. The warrant set bond at $6500 “CASH.” Briggs eventually appeared for arraignment and her bond was [575]*575continued, “at 6,500 — cash only,” pending her pretrial conference and trial.

Before the date of her pretrial conference arrived, Briggs filed an application for bond review. She argued she “is guaranteed the right to reasonable bail by the Fourteenth Amendment [of the United States Constitution] and by Article I, Section[s] 12 [and] 17 of the Constitution of the State of Iowa.” Following a hearing on her application the district court denied the request. It observed,

[the] [p]urpose of a bond is to ensure the defendant’s presence on court dates and also to ensure protection of the public. Based on the defendant’s criminal history and the fact that she did fail to appear for her arraignment in this case, the Court does find that $6,500 cash only is reasonable to ensure her presence and to ensure the protection of the public from further criminal activity.

Immediately after the denial of the application, Briggs signed a waiver of jury trial and stipulation to a trial on the minutes of testimony on the prostitution charge. She was found guilty and agreed to waive her right to file a motion in arrest of judgment, allowing for her immediate sentencing to a period of incarceration not to exceed two years. On November 20, Briggs filed a timely notice of appeal from the judgment and sentence of the district court, alleging the district court’s restriction of her bail to “cash only” violated several constitutional provisions.

II. Standard of Review.

Ordinarily, we review a district court’s decisions related to bail for an abuse of discretion. State v. Kellogg, 534 N.W.2d 431, 433 (Iowa 1995). However, Briggs’ arguments implicate a number of constitutional provisions, making our review de novo. See id. at 434; see also Klouda v. Sixth Judicial Dist. Dep’t of Corr. Servs., 642 N.W.2d 255, 260 (Iowa 2002).

III. Preservation of Error and Mootness.

The State . contends that Briggs failed to preserve error on her constitutional claims and that her conviction for prostitution based on the minutes of testimony in her case made her claims moot and no longer justiciable before this court. We agree with the State in part on one of these issues.

In her motion for bond review in the district court, Briggs alleged the imposition of cash only bail impinged on a constitutional right derived from the Fourteenth Amendment to the United States Constitution. On appeal, she alleges a violation arising out of the “excessive bail” clause of the Eighth Amendment. See U.S. Const, amend. 8. The State argues Briggs failed to cite the Eighth Amendment in presenting her initial arguments in the district court, and this failure constituted a waiver of any such claim on appeal. We agree.

Several principles can be stated in relation to the Eighth and Fourteenth Amendments. See Willson v. City of Des Moines, 386 N.W.2d 76, 80 (Iowa 1986) (quoting Daniels v. Williams, 474 U.S. 327, 337, 106 S.Ct. 662, 677-78, 88 L.Ed.2d 662, 672 (1986) (Stevens, J., concurring)). The Fourteenth Amendment, of course, is the gateway through which the guarantees of most of the provisions of the Bill of Rights are made applicable to the actions of individual states and state actors. See id. Thus, the provisions of the Eighth Amendment — as portions of the Bill of Rights— could potentially apply to this controversy via the guarantees of the Fourteenth Amendment. See id. Of course, the Fourteenth Amendment has other applications, including the extension of due process rights to all citizens. See id. In [576]*576some fashion, each of these principles may be applicable to Briggs’ constitutional claim, and may have influenced the method by which her claim was put before the district court.

Yet, as a result of the method by which her claim was actually presented, it is impossible to say precisely what federal constitutional claim Briggs presented to the district court and whether that same claim is being reasserted on appeal. The clearest indicator of this confusion is Briggs’ failure to mention the Eighth Amendment in the district court (although mentioning the Fourteenth Amendment) while premising her federal constitutional claim on the Eighth Amendment (without discussing the Fourteenth Amendment) on appeal. We could infer that Briggs attempted to argue an “excessive bail” claim arising from the Eighth Amendment as incorporated by the Fourteenth Amendment in the district court, yet this is far from clear given the limited argument on this issue. We could also just as easily conclude that her initial allegation of a violation arising from the Fourteenth Amendment was premised on due process guarantees.1 Yet, such a claim is far different than arguing — as she does on appeal — a violation of the Eighth Amendment. In short, we believe this confusion is indicative of the failure to properly preserve error on a claimed violation of a federal constitutional right relating to cash only bail. Thus, we agree with the State that Briggs has failed to preserve error on this portion of her claim.

On the other hand, we do believe she preserved error on her state constitutional claims. A more intriguing question, however, is whether this controversy is moot and no longer justiciable in light of Briggs’ waiver and stipulation and the district court’s determination of her guilt. As a rule, we do not decide appeals in which “the issue becomes nonexistent or academic and, consequently, no longer involves a justiciable controversy.” State v. Hernandez-Lopez, 639 N.W.2d 226, 234 (Iowa 2002). However, an exception to this rule exists for those cases presenting “issues of broad public importance likely to recur.” Id. Briggs’ arguments based on the propriety of her bail became moot after she waived her jury trial and was found guilty. Any decision we issue relating to cash only bail will have no further effect on her at this point in time. To determine whether her claim should still be considered, we look to four factors:

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Bluebook (online)
666 N.W.2d 573, 2003 Iowa Sup. LEXIS 138, 2003 WL 21659111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-briggs-iowa-2003.