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Case No. 23-0912

State of Iowa
v.
James Shiloh Klever

Appellee

State of Iowa

Appellant

James Shiloh Klever

Attorney for the Appellee

Anagha Dixit, Assistant Attorney General

Attorney for the Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0912
Date Published:
Sep 18, 2024
Summary

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Sandy, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            A defendant challenges whether substantial evidence supports his conviction for murder in the first-degree.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, the jury could conclude the circumstances of the defendant’s actions—a course of violent conduct that escalated until the victim was not just unconscious, but dead—showed the defendant specifically intended to kill her.  As well, the defendant’s use of a baseball bat supports the jury’s conclusion that he acted with malice aforethought.  Accordingly, substantial evidence supports the defendant’s conviction for murder in the first degree.

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