State of Iowa
v.
Ken Lorenze Kuhse
The State seeks further review of the ruling of the court of appeals reversing appellant’s conviction for domestic abuse assault causing bodily injury in violation of Iowa Code sections 708.2A(1) and 708.2A(2)(b) and remanding for a new trial.
Applicant
State of Iowa
Resister
Ken Lorenze Kuhse
Attorney for the Applicant
Darrel Mullins
Attorney for the Resister
Shellie L. Knipfer
Supreme Court
Oral Argument Schedule
Non-Oral
Dec 17, 2019 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and Tabor, JJ. Opinion by Tabor, J. (8 pages)
Ken Kuhse appeals his conviction for domestic abuse assault causing bodily injury, claiming counsel was ineffective for failing to object to the marshaling instruction, which directed the jury to find him guilty if it found the elements listed without reference to Kuhse’s justification defense. OPINION HOLDS: Because the State’s burden to disprove Kuhse’s justification defense became an element of the offense after Kuhse produced sufficient evidence on the defense, counsel breached a material duty by failing to object to the marshaling instruction. And because Kuhse produced sufficient evidence on the defense to raise a fact question for the jury, he was prejudiced by the faulty instruction. Accordingly, we reverse and remand for a new trial.