State of Iowa
v.
Larry Donell Whaley
Appellee
State of Iowa
Appellant
Larry Donell Whaley
Attorney for the Appellee
Darrel Mullins and Douglas Hammerand, Assistant Attorneys General
Attorney for the Appellant
Alfredo Parrish and Adam C. Witosky
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Tabor, J. (12 pages)
Larry Whaley appeals from his conviction for second-degree murder. He contends the State offered insufficient evidence to support the jury verdict finding he acted with malice aforethought and without justification when he fired three shots through his closed apartment door, killing Samantha Teeter. OPINION HOLDS: Viewing the record in the light most favorable to the verdict, we find substantial evidence to sustain Whaley’s second-degree murder conviction. But because Whaley’s claims of ineffective assistance involve questions of trial strategy, and the record is inadequately developed to address those questions, we preserve them for possible postconviction-relief proceedings.
