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Case No. 20-0179

State of Iowa
v.
James Earl Spates, Jr.

Appellee

State of Iowa

Appellant

James Earl Spates, Jr.

Attorneys for Appellee

Zachary Miller, Assistant Attorney General

Attorneys for Appellant

Jeffrey M. Perkins

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0179
Date Published:
Feb 17, 2021
Summary

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, P.J.  (7 pages)

            James Spates Jr. appeals his convictions following jury trial.  He argues the district court erred in admitting exhibit B and expert testimony provided by an alleged lay witness and the convictions are reversible on plain error.  OPINION HOLDS: Spates’s hearsay objection following the admission of exhibit B was untimely, and no ruling followed.  Accordingly error was not preserved.  We find no abuse of discretion in admitting the social worker’s testimony regarding her observations.  We decline to adopt the plain-error doctrine. 

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