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Case No. 18-0757

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

State of Iowa
v.
Berlou Joe Barnard

Appellee

State of Iowa

Appellant

Berlou Joe Barnard

Attorneys for Appellee

Kyle Hanson, Assistant Attorney General

Attorneys for Appellant

Denise M. Gonyea

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0757
Date Published:
Nov 06, 2019
Summary

            Appeal from the Iowa District Court for Jasper County, Terry R. Rickers, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Potterfield, J.  (14 pages)

            Defendant Berlou Barnard appeals his conviction of four separate counts of sexual abuse in the second degree and one count of obstruction of justice based on error in two evidentiary rulings.  Barnard argues (1) his Sixth Amendment rights were violated when a videotaped interview with the child complaining witness was admitted over his objection; (2) the district court erred by admitting the interview over his hearsay objection; and (3) the district court erred by granting the State’s motion in limine to prevent him from introducing evidence that the child complaining witness had made false allegations of sexual abuse against another family member before. OPINION HOLDS: The district court did not err by admitting the videotaped interview or by granting the State’s motion in limine.  We affirm. 

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