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Case No. 23-0617

John James Berwanger
v.
State of Iowa

Appellant

John James Berwanger

Appellee

State of Iowa

Attorney for the Appellant

Matthew L. Noel

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0617
Date Published:
Oct 30, 2024
Summary

            Appeal from the Iowa District Court for Dubuque County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            Berwanger moves for postconviction relief on two claims of ineffective assistance of counsel.  The appellant claims that his trial counsel was ineffective because trial counsel did not impeach the complaining child witness and failed to object to vouching testimony.  OPINION HOLDS: We find that the inconsistencies between the child’s trial testimony, deposition, and CPC interview were minor and unlikely to change the outcome of the case.  In addition, the testimony of the expert witness did not rise to the level of vouching testimony.  We affirm on both grounds.

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