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Case No. 20-0431

State of Iowa
Terry Schoby


State of Iowa


Terry Schoby

Attorneys for Appellee

Thomas J. Ogden, Assistant Attorney General

Attorneys for Appellant

Jack Bjornstad

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 12, 2021

            Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Terry Schoby challenges his conviction for sexual abuse in the third degree.  Schoby asserts he is entitled to a new trial based on a claimed instructional error.  OPINION HOLDS: We find no error in the district court’s instructions to the jury, so we reject Schoby’s request for a new trial on that basis.  As there was no error in the instructions, we likewise reject Schoby’s due process claim based on instructional error.

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