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State of Iowa
v.
Timothy M. Fontenot
Timothy Michael Fontenot seeks further review of the court of appeals decision affirming his convictions for indecent contact with a child. The court of appeals concluded the forensic interview video of the victim was properly admitted as non-hearsay prior consistent statements. The court further determined Fontenot suffered no prejudice from the admission of inconsistent statements contained in the video.
Resister
State of Iowa
Applicant
Timothy M. Fontenot
Attorney for the Resister
Sheryl Soich
Attorney for the Applicant
Ashley Stewart
Supreme Court
Oral Argument Schedule
15-15-5
Nov 18, 2020 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge. AFFIRMED. Considered by Bower, C.J., Mullins, J., and Scott, S.J. Opinion by Scott, S.J. (7 pages)
Timothy Fontenot appeals his convictions on two counts of indecent contact with a child, claiming the district court erred in admitting hearsay evidence contained in a video of a forensic interview of his victim. OPINION HOLDS: We conclude the bulk of the forensic interview video was properly admitted as non-hearsay prior consistent statements and Fontenot suffered no prejudice from the admission of the inconsistent statements contained in the video of the interview. As such, we affirm Fontenot’s dual convictions of indecent contact with a child.