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:
Date Published:
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.