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Case No. 18-2197

State of Iowa
v.
Derris L. Swift

Defendant appealed from the judgment and sentence entered on his convictions for intimidation with a dangerous weapon, willful injury resulting in serious injury, possession of marijuana, and attempted murder. Defendant contended the district court erred by admitting prior statements of several witnesses as impeachment evidence in violation of State v. Turecek, 456 N.W.2d 219 (Iowa 1990). The court of appeals affirmed. Defendant seeks further review.

County:
Scott

Resister

State of Iowa

Applicant

Derris L. Swift

Attorneys for Resister

Louis S. Sloven

Attorneys for Applicant

Vidhya K. Reddy

Supreme Court

Oral Argument Schedule

15-15-5

Nov 17, 2020 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-2197
Date Published:
Mar 05, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2197
Date Published:
May 13, 2020
Summary

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Danilson, S.J.  Opinion by Danilson, S.J. (18 pages).

            Derris Swift appeals his convictions of intimidation with a dangerous weapon, willful injury resulting in serious injury, possession of marijuana, and attempt to commit murder.  OPINION HOLDS:  We find the district court did not abuse its discretion by admitting certain exhibits that were used to impeach the prior inconsistent statements of witnesses.  Swift has not shown he received ineffective assistance of counsel due to counsel’s failure to (1) raise an objection based on State v. Turecek, 456 N.W.2d 219, 225 (Iowa 1990); (2) object on hearsay grounds to evidence used to test a witness’s memory; and (3) request a more specific instruction on the use of impeachment evidence.  Additionally, the plain-error rule is not recognized in Iowa.  We affirm Swift’s convictions.

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