State of Iowa
v.
Toby Lee McCunn
Appellee
State of Iowa
Appellant
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:
Summary
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.