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Case No. 19-1649

State of Iowa
Toby Lee McCunn


State of Iowa


Toby Lee McCunn

Attorney for the Appellee

Aaron Rogers and Louis S. Sloven, Assistant Attorneys General

Attorney for the Appellant

Mary K. Conroy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 16, 2022

            Appeal from the Iowa District Court for Page County, Margaret Reyes and Jeffrey L. Larson, Judges.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J. (23 pages)

            Toby McCunn appeals his conviction for murder in the first degree.  He contends (1) the court did not properly instruct the jury on justification; (2) the court should have moved the trial from Page County; (3) the jury was biased because the court failed to strike a juror for cause; and (4) the court should have excluded prior bad acts evidence.  OPINION HOLDS: We find no basis for reversal in the jury instructions, the court’s decision not to change venue, its refusal to strike juror R.Y. for cause, or the admission of prior bad acts evidence.  So we affirm.

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