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State of Iowa
v.
James Earl Spates, Jr.
Appellee
State of Iowa
Appellant
James Earl Spates, Jr.
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Attorney for the Appellant
Jeffrey M. Perkins
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by Mullins, P.J. (7 pages)
James Spates Jr. appeals his convictions following jury trial. He argues the district court erred in admitting exhibit B and expert testimony provided by an alleged lay witness and the convictions are reversible on plain error. OPINION HOLDS: Spates’s hearsay objection following the admission of exhibit B was untimely, and no ruling followed. Accordingly error was not preserved. We find no abuse of discretion in admitting the social worker’s testimony regarding her observations. We decline to adopt the plain-error doctrine.
