Michael Ray Wineinger
v.
State of Iowa
Appellant
Michael Ray Wineinger
Appellee
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:
Summary
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.
