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Case No. 18-0526

State of Iowa
Gary Wayne Elliott


State of Iowa


Gary Wayne Elliott

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Attorneys for Appellant

Gina Messamer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 20, 2019

            Appeal from the Iowa District Court for Poweshiek County, Shawn Showers, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (10 pages)

            Gary Elliott appeals following convictions for four counts of second-degree sexual abuse, contending the district court erred when it rejected Elliott’s proposed evidence that the minor victim had been sexually abused before.  Alternatively, he argues that his counsel was ineffective for failing to argue the evidence was “constitutionally required” under Iowa Rule of Evidence 5.412 and asks this court to apply a different ineffective-assistance-of-counsel test than contained in existing law.  Elliott also asserts trial counsel should have objected to alleged prosecutorial misconduct during the prosecutor’s rebuttal closing argument.  OPINION HOLDS: Elliott’s new arguments of relevancy and the constitutional claims that were not presented to the district court are not properly preserved for review.  The trial court did not abuse its discretion in excluding the evidence of prior sexual abuse under rule 5.412.  We preserve Elliott’s ineffective-assistance-of-counsel claims for possible postconviction-relief proceedings.

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