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State of Iowa
v.
Isaiah T. Buchanan
Appellee
State of Iowa
Appellant
Isaiah T. Buchanan
Attorney for the Appellee
Zachary C. Miller, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge. AFFIRMED. Heard by Danilson, C.J., and Mullins and McDonald, JJ. Opinion by Danilson, C.J. (26 pages)
Isaiah Buchanan appeals from his convictions for first-degree robbery, being a felon in possession of a firearm, and carrying weapons. Buchanan asserts the district court erred in instructing the jury that a claim of right is not a defense to theft because he did not raise the defense. In the alternative, he maintains that if this court concludes the claim-of-right defense was implicated, his trial counsel was ineffective in failing to assert it affirmatively. Buchanan also contends the court erred in denying Buchanan’s request to have three jurors removed for cause. Finally, he claims the district court erred in allowing the State to play the recordings of his jailhouse phone calls. OPINION HOLDS: We are not convinced Buchanan has suffered any prejudice as a result of the claim-of-right jury instruction. He cannot establish his trial attorney breached an essential duty in failing to raise a claim-of-right defense; this ineffective-assistance-of-counsel claim thus fails. With respect to Buchanan’s juror challenge, Buchanan must show that the result was a juror being seated who was not impartial, which Buchanan has not attempted to do. Finally, we find no prejudicial error in the admission of the recorded jail phone calls. We therefore affirm his convictions.