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Case No. 21-0803

State of Iowa
v.
Shane Wayne Michael

Appellee

State of Iowa

Appellant

Shane Wayne Michael

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Attorney for the Appellant

Rachel C. Regenold, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0803
Date Published:
Nov 02, 2022
Summary

            Appeal from the Iowa District Court for Polk County, David Porter (Trial) and Joseph Seidlin (Motion to Continue), Judges.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J. (12 pages)

            Shane Michael appeals his conviction for willful injury causing serious injury.  He claims (1) the district court abused its discretion in denying his motion to continue trial; (2) the court erred by concluding an exception to the hearsay bar did not apply to certain proposed evidence; (3) there is insufficient evidence that he intended to cause serious injury or that he caused serious injury; and (4) he should have been granted a new trial because the greater weight of the evidence supports his claim that he acted in self-defense.  OPINION HOLDS: The court did not abuse its discretion when it denied Michael’s motion to continue trial.  No exception to the hearsay bar applied to the proposed evidence.  Michael’s conviction is supported by substantial evidence.  And the district court did not abuse its discretion when it denied Michael’s motion for new trial.

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