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Case No. 17-1822

State of Iowa
v.
Justin Cole Moore

Justin Cole Moore appeals from his jury trial conviction for child endangerment resulting in serious injury, a Class C forcible felony, in violation of Iowa Code sections 726.6(1) and 726.6(5)(2015). He argues: (1) trial counsel rendered ineffective assistance in failing to object to a jury instruction that incorrectly instructed the jury that it could consider his out-of-court statements “just as if they had been made at this trial;” (2) trial counsel rendered ineffective assistance in failing to object to the omission of and request a jury instruction defining “reasonable degree of medical certainty;” and (3) the portion of the sentencing order directing him to pay jail fees must be removed by way of a nunc pro tunc order on the basis it fails to conform to the oral pronouncement of sentence, and the district court erred in ordering him to pay court costs and jail fees without making any ability to pay determination.

County:
Fayette
Trial Court Case No.:
FECR067338

Resister

State of Iowa

Applicant

Justin Cole Moore

Attorneys for Resister

Tyler Buller

Attorneys for Applicant

Vidhya K. Reddy

Supreme Court

Oral Argument Schedule

Non-Oral

Aug 30, 2019 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
17-1822
Date Published:
Sep 06, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1822
Date Published:
Feb 06, 2019
Summary

            Appeal from the Iowa District Court for Fayette County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, C.J.  (9 pages)

            Justin Cole Moore appeals his conviction and sentence for the crime of child endangerment resulting in serious injury, in violation of Iowa Code sections 726.6(1)(a) and 726.6(5) (2016).  Moore asserts he received ineffective assistance of counsel because his counsel failed to object to a jury instruction addressing his out-of-court statements and did not request an instruction defining “reasonable degree of medical certainty.”  Also, Moore argues restitution should be removed from his written sentencing order and the district court failed to assess his ability to pay.  OPINION HOLDS: We find Moore has not established he received ineffective assistance of counsel and his restitution claims are better addressed under the remedies of Iowa Code section 910.7.

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