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Case No. 23-1635

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

Russell Alan Larson
v.
State of Iowa

Appellant

Russell Alan Larson

Appellee

State of Iowa

Attorney for the Appellant

Webb L. Wassmer

Attorney for the Appellee

Olivia D. Brooks, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1635
Date Published:
Sep 04, 2024
Summary

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (10 pages)

            Russell Larson was convicted of two counts of sexual abuse in the second degree in 2021.  On appeal from the denial of his first postconviction-relief application, Larson argues he received ineffective assistance from trial counsel in several ways: (1) his attorney did not adequately communicate with him; (2) Larson’s attorney allowed him to waive his right to a jury trial without the waiver being knowing, intentional, and voluntary; (3) his attorney failed to review the video of his police interview with him; (4) his attorney failed to present medical evidence regarding a 2006 accident to his genitalia; and (5) his attorney did not adequately prepare for trial or cross-examine the witness.  OPINION HOLDS: We find that Larson’s claim of ineffective assistance from counsel is meritless based on the facts in the record.  We affirm the ruling of the trial court. 

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