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Case No. 21-0784

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

State of Iowa
v.
Andrew Joseph Harrison

County:
Johnson

Appellee

State of Iowa

Appellant

Andrew Joseph Harrison

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Attorney for the Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0784
Date Published:
May 10, 2023
Summary

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (18 pages)

            Andrew Harrison appeals his conviction for second-degree sexual abuse.  He claims there is insufficient evidence to support his conviction.  He claims the child victim’s out-of-court statements should have been excluded from trial because they were hearsay.  He contends the court improperly denied his attempt to strike a juror for cause.  He also asserts the court gave an improper jury instruction pertaining to the child’s absence from trial.  Finally, he claims the court improperly allowed some statements from an expert witness.  OPINION HOLDS: We find the conviction is supported by substantial evidence.  The court properly admitted the child’s statements and denied Harrison’s motion to strike the juror for cause.  Harrison did not preserve his objection to the challenged jury instruction.  The expert testimony was admissible.  We affirm.

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