State of Iowa
v.
John Charles Donahue
Defendant appealed the judgment and sentence entered on his conviction for third-degree sexual abuse. See Iowa Code § 709.4(1)(a)(2017). He contended the district court erred by prohibiting his trial counsel from cross-examining the complaining witness about another allegation of abuse made by the witness. Defendant also claimed the district court submitted an erroneous jury instruction, and the verdict was not supported by sufficient evidence. The court of appeals affirmed. Defendant requests further review.
Resister
State of Iowa
Applicant
John Charles Donahue
Attorneys for the Resister
Richard Bennett
Douglas Hammerand
Attorneys for the Applicant
Christine E. Branstad
Nathan A. Olson
Supreme Court
Oral Argument Schedule
15-15-5
Jan 20, 2021 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 Audubon County, Jeffrey L. Larson, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Schumacher, J. (14 pages)
A defendant appeals his conviction for sexual abuse in the third degree. OPINION HOLDS: The district court properly applied Iowa’s rape shield law to preclude defense counsel from exploring an uncharged allegation of sexual abuse on cross-examination. Defense counsel’s objection to Jury Instruction No. 20 did not sufficiently apprise the trial court of the error alleged on appeal, and thus error is unpreserved with respect to that argument. We find the evidence sufficient to support the conviction.