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Case No. 19-0144

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

State of Iowa
v.
Jeffrey Michael Happe

Appellee

State of Iowa

Appellant

Jeffrey Michael Happe

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

John L. Dirks

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0144
Date Published:
Aug 05, 2020
Summary

            Appeal from the Iowa District Court for Story County, Paul G. Crawford and Steven P. Van Marel, District Associate Judges.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (11 pages)

            Jeffrey Happe was convicted of harassment in the third degree.  He challenges his conviction, urging that there was not sufficient evidence to convict him.  He also alleges his trial counsel was ineffective for failing to raise a separation-of-powers argument because he was convicted for breaking a “de facto, nonjudicial protective order.”  OPINION HOLDS: Because we find sufficient evidence in the record to convict Happe, we affirm.  We also find his ineffective assistance claim without merit because his counsel had no duty to raise a separation-of-powers argument as Happe was not charged for violating a protective order.

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