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Case No. 21-0053

Michael Ray Wineinger
State of Iowa


Michael Ray Wineinger


State of Iowa

Attorney for the Appellant

Drew H. Kouris

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 13, 2022

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Michael Ray Wineinger appeals the district court’s ruling finding his criminal trial counsel was not ineffective.  OPINION HOLDS: Trial counsel was not ineffective for failing to object to admission of a prior video recorded forensic interview of a sex abuse witness when the recording was admissible as a prior consistent statement under Iowa Rule of Evidence 5.801(d)(1)(B).  Wineinger failed to preserve his claim trial counsel was ineffective for failing to request a limiting jury instruction. 

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