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State of Iowa
v.
Leon Dean Bearshield
Appellee
State of Iowa
Appellant
Leon Dean Bearshield
Attorney for the Appellee
Anagha Dixit, Assistant Attorney General
Attorney for the Appellant
Francis Hurley
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge. AFFIRMED. Considered by Greer, P.J., and Ahlers and Badding, JJ. Opinion by Greer, P.J. (6 pages)
A jury found Leon Bearshield guilty of child endangerment causing bodily injury. On appeal, Bearshield maintains he was denied his constitutional right to testify; he asks us to reverse his conviction and remand for new trial. The State characterizes the issue differently, noting Bearshield had the opportunity to present a defense—including his own testimony—during his case-in-chief and chose not to do so Thus, the State maintains the appropriate question on appeal is whether the district court abused its discretion in denying Bearshield’s motion to reopen the record—not whether the court prevented Bearshield from exercising his constitutional right to testify. OPINION HOLDS: We agree with the State that the issue properly before us is whether the district court abused its discretion in denying Bearshield’s motion to reopen the record. Following our review, we find no abuse of discretion and affirm.
