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Case No. 20-0860

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

State of Iowa
v.
David Moses Weltman

Appellee

State of Iowa

Appellant

David Moses Weltman

Attorney for the Appellee

Sheryl Soich, Assistant Attorney General

Attorney for the Appellant

Gary D. Dickey

Court of Appeals

Court of Appeals Opinion

Date Published:
Jun 30, 2021
Summary

            Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  Special concurrence by Schumacher, J.  (20 pages)

            David Weltman appeals his judgment and sentence for second-degree sexual abuse.  Weltman contends (1) the evidence was insufficient to support the jury’s finding of guilt; (2) the district court abused its discretion in admitting evidence of subsequent bad acts; (3) the prosecutor impermissibly vouched for the credibility of the child witness; and (4) the district court abused its discretion in admitting expert testimony on grooming behavior and children’s demeanor.  OPINION HOLDS: We affirm Weltman’s judgment and sentence.  SPECIAL CONCURRENCE ASSERTS: Although the prosecutor vouched for witness credibility during closing arguments, this isolated statement alone did not result in the denial of a fair trial to the defendant.

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