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Case No. 18-0356

State of Iowa
v.
Asa South

Appellee

State of Iowa

Appellant

Asa South

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Attorneys for Appellant

Maria Ruhtenberg, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0356
Date Published:
Mar 20, 2019
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.

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