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Case No. 17-1491

State of Iowa
Rashawn Lee Jackson


State of Iowa


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:
Feb 06, 2019

            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. 

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