State of Iowa
v.
Abdalla Elehamir Mousa
Appellee
State of Iowa
Appellant
Abdalla Elehamir Mousa
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Jamie Hunter
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, William Kelly and Scott D. Rosenberg, Judges. AFFIRMED. Considered by Ahlers, P.J., Potterfield, S.J., and Mullins, S.J. Opinion by Potterfield, S.J. (14 pages)
Abdalla Mousa appeals his conviction for third-degree sexual abuse, contending there is insufficient evidence the sex act was “by force or against the will of” the complainant, C.K. Mousa also asserts the trial court erred in allowing hearsay statements made ten to twelve hours after the incident as an excited utterance; the court improperly instructed the jury as requested by defense counsel; counsel were ineffective in requesting an erroneous jury instruction; and the court improperly concluded his waiver of Miranda rights was knowing, intelligent, and voluntary. OPINION HOLDS: Finding sufficient evidence supports the conviction for third-degree sexual abuse, no error in admitting C.K.’s excited utterances, and that Mousa’s Miranda waiver was knowing and voluntarily entered, we affirm the conviction. We do not address claims of ineffective assistance of counsel on direct appeal.
