State of Iowa
v.
Jason LLoyd Noggle
Appellee
State of Iowa
Appellant
Jason LLoyd Noggle
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Raya D. Dimitrova
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Bradley Mccall, Judge. AFFIRMED. Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ. Opinion by Schumacher, J. Tabor, P.J., specially concurs. (11 pages)
Jason Noggle appeals his conviction for sex abuse in the third degree. OPINION HOLDS: We find the district court did not err by overruling Noggle’s objection to the victim’s journal on hearsay grounds and finding the journal was admissible. Even if the court erred, however, the admission of the journal was not prejudicial as the evidence was cumulative to other evidence in the record. We also find there was sufficient evidence in the record to support the verdict. We affirm Noggle’s conviction. SPECIAL CONCURRENCE ASSERTS: I respectfully disagree that the district court properly admitted C.S.’s journal entry under the hearsay exception for recorded recollections. As the majority notes, Iowa Rule of Evidence 5.803(5) allows such a record to be received as an exhibit only if offered by an adverse party. That element is not satisfied here.
