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Case No. 21-1325

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

State of Iowa
v.
David Sean Hunter

County:
Story

Appellee

State of Iowa

Appellant

David Sean Hunter

Attorney for the Appellee

Kyle Hanson, Assistant Attorney General

Attorney for the Appellant

Tiffany Kragnes

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1325
Date Published:
Oct 19, 2022
Summary

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (19 pages)

            David Sean Hunter appeals his conviction of first-degree murder.  OPINION HOLDS: I. Substantial evidence supports the finding that Hunter was not justified in killing his roommate.  A reasonable fact finder could conclude that Hunter did not act in self-defense because he either started or continued the incident that resulted in death, or his use of force was unreasonable.  II. The district court properly exercised its discretion in denying Hunter’s motion for mistrial and in ruling on the admissibility of evidence.  Because Hunter has not established prejudice in any of his individual assignments of error, his claim of cumulative error likewise fails.

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