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State of Iowa
State of Iowa
Attorneys for Appellee
Sharon K. Hall, Assistant Attorney General
Attorneys for Appellant
Judith O' Donohoe
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and May and Ahlers, JJ. Opinion by Ahlers, J. (16 pages)
Chase Wilson appeals his conviction for assault with intent to commit sexual abuse. On appeal, Wilson claims multiple errors, including (1) various forms of ineffective assistance of counsel; (2) the admission of a police interview Wilson gave; (3) the district court’s refusal to admit certain deposition testimony; (4) the district court’s refusal to admit certain testimony by Wilson’s mother; and (5) the admission of portions of a forensic interviewer’s testimony. OPINION HOLDS: On our own motion, we find we do not have jurisdiction to address Wilson’s ineffective-assistance-of-counsel claims on this direct appeal. The district court correctly held Wilson’s interview at the police station was not custodial and that the State met its burden to show Wilson gave the interview voluntarily. Wilson failed to meet his burden of establishing unavailability, so there was no error in refusing to admit D.B.’s deposition testimony in lieu of his live testimony. The district court did not abuse its discretion in refusing to admit portions of the mother’s testimony. And the district court did not abuse its discretion by overruling Wilson’s objections to the forensic interviewer’s testimony. We affirm.