State of Iowa
v.
Stacy Marie Diveley
Appellee
State of Iowa
Appellant
Stacy Marie Diveley
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Des C. Leehey
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Benton County, Ian K. Thornhill, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ. Opinion by Schumacher, P.J. (10 pages)
A jury convicted Stacy Diveley on six counts of child endangerment. Stacy appeals, challenging the district court’s denial of her motion for mistrial. Stacy raises two Brady challenges and one rule 5.403 challenge. The State disputes Stacy preserved error on these issues. OPINION HOLDS: Stacy failed to preserve error on her Brady challenges. Assuming she preserved error on her rule 5.403 challenge, her failure to provide supportive legal authority has waived the issue. Accordingly, we affirm.