State of Iowa
v.
Brannon Taylor Johnson
Appellee
State of Iowa
Appellant
Brannon Taylor Johnson
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
Thomas M. McIntee
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., Badding, J., and Doyle, S.J. Opinion by Doyle, S.J. (9 pages)
Brannon Johnson appeals his conviction for second-degree murder. He claims that the district court (1) abused its discretion when it denied his motion for new trial based on the weight of the evidence, (2) abused its discretion by not permitting him to introduce certain impeachment evidence, and (3) abused its discretion by denying his motion for mistrial after the prosecutor accidentally published an autopsy photo for a moment. OPINION HOLDS: The district court applied the correct standard when considering Johnson’s motion for new trial and did not abuse its discretion when it denied the motion. The district court did not abuse its discretion when it did not admit the impeachment evidence without proper foundation. And the district court did not abuse its discretion when it denied the motion for mistrial. Accordingly, we affirm Johnson’s conviction for second-degree murder.
