State of Iowa
v.
Timothy D. Smith
Appellee
State of Iowa
Appellant
Timothy D. Smith
Attorney for the Appellee
Sharon K. Hall, 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 Cass County, Susan Christensen, Judge. AFFIRMED. Considered by Bower, C.J., and May and Greer, JJ. Opinion by May, J. (7 pages)
Timothy Smith appeals his convictions for two counts of second-degree sexual abuse. He claims he should have been able to challenge the identity of the complaining witness’s abuser by introducing evidence Smith’s son was also charged with sexually abusing the complaining witness. He also claims he received ineffective assistance of counsel. OPINION HOLDS: The district court properly excluded evidence that Smith’s son was also charged with sexually abusing the complaining witness. We preserve Smith’s ineffective-assistance claim for future postconviction-relief proceedings.
