State of Iowa
v.
Kent E. Walker, Sr.
Appellee
State of Iowa
Appellant
Kent E. Walker, Sr.
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Thomas J. O'Flaherty
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mark R. Fowler, District Associate Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ. Opinion by McDonald, J. (9 pages)
Kent Walker appeals his conviction of assault with intent to commit sexual abuse causing bodily injury. OPINION HOLDS: The district court’s admission of the 911 phone call recording did not violate Walker’s right to confront his accuser under the Iowa Constitution or the United States Constitution. The accuser’s statements to police constituted excited utterances, and officers’ testimony regarding those statements did not violate the rule against hearsay. Walker waived the argument that the testimony of the police officers was prejudicially cumulative by failing to provide supporting authority for that claim.
