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Case No. 22-0936

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

State of Iowa
v.
Reginald Eugene Stewart, Jr.

County:
Dubuque

Appellee

State of Iowa

Appellant

Reginald Eugene Stewart, Jr.

Attorney for the Appellee

Sheryl Soich, Assistant Attorney General

Attorney for the Appellant

Lucas L. Asbury (until withdrawal) and Shea M. Chapin

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0936
Date Published:
Feb 07, 2024
Summary

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (20  pages)

            A defendant appeals his criminal convictions raising double jeopardy, insufficient evidence, and evidentiary claims.  OPINION HOLDS: We affirm the defendant’s convictions, concluding his rights against double jeopardy were not violated and substantial evidence supported the jury’s verdict finding him guilty of attempt to commit murder.  As for the claimed evidentiary errors, we find no prejudice by the admission of the child’s drawings, error was not preserved on the objection to the forensic interviewer’s testimony, and the photographs showing the victim’s injuries were not so unfairly prejudicial as to outweigh their probative value. 

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