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Case No. 23-0087

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

State of Iowa
v.
Nicolas Ross Heims

County:
Muscatine

Appellee

State of Iowa

Appellant

Nicolas Ross Heims

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Attorney for the Appellant

Mark C. Meyer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0087
Date Published:
Apr 24, 2024
Summary

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel and Joel W. Barrows, Judges.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (19 pages)

Nicolas Heims appeals his convictions for sexual abuse in the third degree, assault causing bodily injury, willful injury causing bodily injury, and criminal mischief in the fourth degree.  He argues his retrial after a mistrial violated his double-jeopardy rights, the court erred by allowing amendment to the trial information, insufficient evidence supports his conviction for criminal mischief, and he should have been granted a new trial on the charges of sexual abuse in the third degree, assault causing bodily injury, and willful injury causing bodily injury because the verdicts were against the weight of the evidence.  OPINION HOLDS: Because the prosecutor did not intentionally goad Heims into moving for a mistrial, retrial did not violate his double-jeopardy rights.  Heims waived any objection to the amendment to the trial information.  His convictions are supported by sufficient evidence.  The district court did not abuse its discretion in finding the weight of the evidence did not preponderate against the convictions for sexual abuse, assault causing bodily injury, and willful injury causing bodily injury.  We affirm Heims’s convictions.

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