State of Iowa
v.
Hillary Lee Hunziker
Appellee
State of Iowa
Appellant
Hillary Lee Hunziker
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buchanan County, Andrea Dryer, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Greer, J. (27 pages)
Hillary Hunziker appeals from her conviction of murder in the first degree. She argues (1) the district court erred in denying a continuance based on the unavailability of her expert witness, (2) the jury instructions about the insanity defense did not correctly state the law, (3) her conviction is contrary to the weight of the evidence, (4) the district court erred in denying two requests for substitute counsel, and (5) she should be able to assert an ineffective-assistance-of-counsel claim on this direct appeal or have her case reviewed for plain error. OPINION HOLDS: The district court did not err in denying her request for continuance. The jury instructions correctly stated the law regarding the insanity defense. The conviction is supported by the weight of the evidence. The district court gave her ample opportunity to explain her request for substitute counsel, but she did not meet the required burden. Ineffective-assistance-of-counsel claims are reserved for postconviction relief and we do not adopt plain-error review.
