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Case No. 18-1500

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:
18-1500
Date Published:
Mar 18, 2020
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.

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