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Case No. 18-0242

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Larry Donell Whaley

Appellee

State of Iowa

Appellant

Larry Donell Whaley

Attorneys for Appellee

Darrel Mullins and Douglas Hammerand, Assistant Attorneys General

Attorneys for Appellant

Alfredo Parrish and Adam C. Witosky

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0242
Date Published:
Jun 05, 2019
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (12 pages)

            Larry Whaley appeals from his conviction for second-degree murder.  He contends the State offered insufficient evidence to support the jury verdict finding he acted with malice aforethought and without justification when he fired three shots through his closed apartment door, killing Samantha Teeter.  OPINION HOLDS: Viewing the record in the light most favorable to the verdict, we find substantial evidence to sustain Whaley’s second-degree murder conviction.  But because Whaley’s claims of ineffective assistance involve questions of trial strategy, and the record is inadequately developed to address those questions, we preserve them for possible postconviction-relief proceedings.

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