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State of Iowa
v.
Robert Stewart Eakin
Appellee
State of Iowa
Appellant
Robert Stewart Eakin
Attorney for the Appellee
Sharon K. Hall, Assistant Attorney General
Attorney for the Appellant
Maria Ruhtenberg, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Hardin County, John R. Flynn, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ. Opinion by Vaitheswaran, J. (10 pages)
Robert Eakin appeals his three convictions for third-degree sexual abuse, claiming the interviewing officer made improper promises of leniency and the district court gave an improper non-corroboration jury instruction. OPINION HOLDS: The interviewing officer’s statements to Eakin prior to his confession were improper promises of leniency that made Eakin’s confession inadmissible. The district court also erred in including the non-corroboration instruction. The district court’s error regarding the instruction was harmless as to one of the convictions, as the victim’s testimony was corroborated by the victim’s mother. The district court’s error was not harmless to the remaining two convictions, as Eakin’s confession was the only corroborating evidence.
