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Case No. 17-1668

State of Iowa
v.
Clay Thomas Paulson

Appellee

State of Iowa

Appellant

Clay Thomas Paulson

Attorneys for Appellee

Kyle Hanson, Assistant Attorney General

Attorneys for Appellant

John L. Dirks

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1668
Date Published:
Apr 03, 2019
Summary

            Appeal from the Iowa District Court for Boone County, Paul G. Crawford, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (10 pages)

            Clay Thomas Paulson appeals from a jury trial finding him guilty as charged of suborning perjury and solicitation to suborn perjury.  He raises claims of insufficiency of the evidence and improper admission of hearsay.  OPINION HOLDS: We conclude substantial evidence supported the elements of both crimes.  However, we conclude the woman’s statement as recounted by the police officer was offered to prove the truth of the matter asserted and, accordingly, was hearsay.  We conclude the State failed to prove the woman’s statement to the police officer concerning Paulson’s possession of a starred backpack was admissible under the forfeiture-by-wrongdoing exception to the hearsay rule.  Because the evidence was inadmissible, we reverse and remand for a new trial.

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