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Case No. 18-0765

State of Iowa
v.
Ken Lorenze Kuhse

The State seeks further review of the ruling of the court of appeals reversing appellant’s conviction for domestic abuse assault causing bodily injury in violation of Iowa Code sections 708.2A(1) and 708.2A(2)(b) and remanding for a new trial.

County:
Linn
Trial Court Case No.:
SRCR123619

Applicant

State of Iowa

Resister

Ken Lorenze Kuhse

Attorneys for Applicant

Darrel Mullins

Attorneys for Resister

Shellie L. Knipfer

Supreme Court

Oral Argument Schedule

Non-Oral

Dec 17, 2019 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-0765
Date Published:
Jan 17, 2020
Date Amended:
Apr 08, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0765
Date Published:
Jun 19, 2019
Summary

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Tabor, JJ.  Opinion by Tabor, J. (8 pages)

            Ken Kuhse appeals his conviction for domestic abuse assault causing bodily injury, claiming counsel was ineffective for failing to object to the marshaling instruction, which directed the jury to find him guilty if it found the elements listed without reference to Kuhse’s justification defense.  OPINION HOLDS: Because the State’s burden to disprove Kuhse’s justification defense became an element of the offense after Kuhse produced sufficient evidence on the defense, counsel breached a material duty by failing to object to the marshaling instruction.  And because Kuhse produced sufficient evidence on the defense to raise a fact question for the jury, he was prejudiced by the faulty instruction.  Accordingly, we reverse and remand for a new trial.

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