State of Iowa
v.
Rashawn Lee Jackson
Appellee
State of Iowa
Appellant
Rashawn Lee Jackson
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Brian S. Munnelly
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Jeffrey L. Harris, District Associate Judge. AFFIRMED. Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J., but decided by Vogel, C.J., Doyle, J., and Danilson, S.J. Vaitheswaran, J., takes no part. Opinion by Vogel, C.J. (9 pages)
Rashawn Jackson appeals his convictions and sentence after a jury found him guilty of assault and assault causing bodily injury. He argues (1) his trial attorney failed to provide effective assistance of counsel when she neglected to object to both the district court and the county prosecutor referring to the complaining witness as “the victim,” (2) the racial composition of Jackson’s jury pool violated his constitutional right to an impartial jury, and (3) the district court erred by overruling Jackson’s motion for a directed verdict. OPINION HOLDS: We conclude trial counsel was not ineffective because Jackson cannot establish prejudice. Additionally, Jackson did not preserve error on his claim of a systematic exclustion or substantial underrepresentation in the jury pool when he was offered, but failed to use, pertinent records to attempt to establish his claim. Finally, Jackson’s sufficiency claim is moot given the jury’s determination of guilt on a lesser-included offense that did not include the disputed element.
