Opinion
No. 12–1065.
2014-01-9
STATE of Iowa, Plaintiff–Appellee, v. Jabari Lamar WALKER, Defendant–Appellant. State of Iowa, Plaintiff, v. Iowa District Court for Linn County, Defendant.
Harrington does not offer any significant analysis of why the court believed all sexually motivated kidnappings would fit the definition of an attempt to commit sexual abuse. 608 N.W.2d at 441. On occasion, our supreme court will revisit an earlier decision when that decision lacks a sound analysis. See Comes v. Microsoft Corp., 775 N.W.2d 302, 307 n. 7 (Iowa 2009). I would respectfully suggest that it would be appropriate to revisit Harrington and require a jury to determine through a special interrogatory whether the offense committed by the defendant qualifies as an attempt to commit one of the sexual offenses listed in section 901 A.1(1)(a)-(d).