State of Iowa v. Tianthony Quintez Keller
── State of Iowa v. Tianthony Quintez Keller ──
Court: Court of Appeals of Iowa
Date: May 13, 2026
Category: General
IN THE COURT OF APPEALS OF IOWA
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No. 25-0177
Filed May 13, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Tianthony Quintez Keller,
Defendant–Appellant.
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Appeal from the Iowa District Court for Des Moines County,
The Honorable John M. Wright, Judge.
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AFFIRMED
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Ryan J. Mitchell of Orsborn, Mitchell & Goedken, P.C., Ottumwa, attorney
for appellant.
Brenna Bird, Attorney General, and Martha E. Trout, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Tabor, C.J., Langholz, J., and Vogel, S.J.
Opinion by Langholz, J.
1
LANGHOLZ, Judge.
After watching a car barrel through an intersection as the stoplight
turned red, a uniformed deputy sheriff in a marked law-enforcement vehicle
pulled behind the car and activated his siren and flashing red-and-blue lights.
Yet as the deputy followed the car for over ninety seconds—traveling a mile
and through three turns—the car failed to stop. About thirty seconds into the
pursuit, the car’s emergency hazard lights began flashing. And the car finally
stopped only after pulling onto a residential property where the car’s driver,
Tianthony Keller, lived. After arresting Keller, law-enforcement officers also
found marijuana in the car. And Keller was eventually charged with eluding
while exceeding the speed limit by twenty-five miles per hour or more—a
class “D” felony—and possession of marijuana, first offense—a serious
misdemeanor. See Iowa Code §§ 321.279(2)(a), 124.401(5)(a)–(b) (2024).
A jury convicted Keller of a lesser-included misdemeanor eluding
offense (which did not require proof of Keller’s speed), see Iowa Code
§ 321.279(1)(a), and the possession-of-marijuana offense. Keller appeals both
convictions. He argues that a prosecutor’s statement during jury selection
was prosecutorial misconduct entitling him to a new trial on both offenses.
And he challenges the sufficiency of the evidence supporting his eluding
conviction, claiming that he initially did not see the deputy and then activated
his hazard lights to let the deputy know his car had mechanical issues and
might not have started again if he had stopped on the side of the road.
Because Keller did not object to the prosecutor’s statement, he failed
to preserve error on his claim of prosecutorial misconduct. Binding supreme
court precedent forecloses his argument that we should adopt the plain-error
doctrine and reach that issue anyway. And substantial evidence supports his
eluding conviction. We thus affirm Keller’s convictions.
2
I. Prosecutorial Misconduct
Keller first argues that the prosecutor engaged in prosecutorial
misconduct when, at the start of jury selection, the prosecutor told the panel
of prospective jurors:
As the Judge mentioned, this is a fairly short trial. So for those of
you who thought you might be coming in here and spending two weeks,
O.J. style, no. This will be a relatively short trial.
We do hope to be done by noon tomorrow. There are no
guarantees, just that it’s the hope.
According to Keller, “mentioning the O.J. Simpson trial immediately
prejudice[d] the jury against Mr. Keller” because there were “significant
similarities” in the two cases: “Both Mr. Keller and O.J. Simpson are
African-American and they were both involved in allege
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}