Bruce Spahr
v.
State of Iowa
Appellant
Bruce Spahr
Appellee
State of Iowa
Attorney for the Appellant
R.E. Breckenridge
Attorney for the Appellee
Zachary Miller and Tyler J. Buller, Assistant Attorneys General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Mahaska County, Randy S. DeGeest, Judge. REVERSED AND REMANDED. Considered by Potterfield, P.J., Doyle, J., and Scott, S.J. Opinion by Doyle, J. (9 pages)
Bruce Spahr appeals the order denying his application for postconviction relief (PCR), challenging his conviction for second-degree sexual abuse. He asserts claims of ineffective assistance of his trial, appellate, and PCR counsel. OPINION HOLDS: Spahr’s trial counsel breached a duty in failing to object to testimony that impermissibly bolstered the credibility of the complaining witness. Because witness credibility played an integral part in the jury’s decision-making, the impermissible testimony undermines confidence in the jury’s verdict. Spahr has demonstrated ineffective assistance of trial counsel. Accordingly, we reverse the district court’s judgment, remand for entry of an order vacating Spahr’s conviction and sentence, and grant him a new trial.
