State of Iowa
v.
Tony E. Doolin
Appellant seeks further review of a court of appeals decision affirming the district court’s denial of his motion for a new trial, arguing his trial counsel was ineffective for failing to object to the victim’s in-court identification and failing to seek a jury instruction regarding identifications. He also argues there was insufficient evidence to support the conviction for carrying weapons.
Resister
State of Iowa
Applicant
Tony E. Doolin
Attorney for the Resister
Darrel Mullins
Attorney for the Applicant
Maria Ruhtenberg
Supreme Court
Oral Argument Schedule
15-15-5
Oct 21, 2019 9:00 AM Iowa Supreme Court Courtroom
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge. AFFIRMED. Considered by Potterfield, P.J., Doyle, J., and Carr, S.J. Opinion by Carr, S.J. (7 pages)
Tony Eugene Doolin appeals the judgment and sentence entered following his convictions for intimidation with a dangerous weapon, assault while participating in a felony, and carrying weapons. OPINION HOLDS: I. Because the record is incomplete as to why counsel did not object to the in-court identification and request a jury instruction on eyewitness identification, we decline to reach Doolin’s claims his trial counsel was ineffective in order to allow Doolin to raise them in a postconviction-relief action. II. When viewed in the light most favorable to the State, there is sufficient evidence for a rational jury to find Doolin was under the influence based on a police officer’s testimony regarding his observation of Doolin and his belief that Doolin was impaired. III. Because the evidence does not preponderate heavily against a finding that Doolin was the assailant, the district court did not abuse its discretion in overruling Doolin’s motion for a new trial.