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State of Iowa
v.
JD Ray Anderson
Appellee
State of Iowa
Appellant
JD Ray Anderson
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorney for the Appellant
Bradley M. Bender, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Julie A. Schumacher, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J. Schumacher, J., takes no part. Opinion by Gamble, S.J. (10 pages)
JD Anderson appeals his conviction for domestic abuse assault, third offense. He claims he received ineffective assistance of counsel and the district court erred in admitting a 911 call and corresponding transcript. OPINION HOLDS: Counsel was not ineffective for not objecting to the inclusion of jury instructions for lesser-included offenses or a jury instruction regarding Anderson’s out-of-court statements. We preserve Anderson’s ineffective-assistance claim regarding counsel’s failure to make a foundational objection to the 911 call. The 911 call qualified as present-sense-impression and excited-utterance exceptions to the rule against hearsay.
