State of Iowa
v.
Asa South
Appellee
State of Iowa
Appellant
Asa South
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Maria Ruhtenberg, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marion County, Martha L. Mertz, Judge. AFFIRMED. Considered by Vogel, C.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (5 pages)
Asa South appeals the judgment and sentence entered after a jury found him guilty of third-degree sexual abuse. OPINION HOLDS: The trial court acted within its discretion in denying evidence concerning an allegedly false claim of sexual abuse made by the complaining witness ten years earlier because South failed to show by a preponderance of the evidence that the claim was false. His trial counsel was not ineffective in failing to object to the model jury instruction concerning his out-of-court statements.
