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Case No. 18-2239

State of Iowa
v.
John Charles Donahue

Defendant appealed the judgment and sentence entered on his conviction for third-degree sexual abuse. See Iowa Code § 709.4(1)(a)(2017). He contended the district court erred by prohibiting his trial counsel from cross-examining the complaining witness about another allegation of abuse made by the witness. Defendant also claimed the district court submitted an erroneous jury instruction, and the verdict was not supported by sufficient evidence. The court of appeals affirmed. Defendant requests further review.

County:
Audubon

Resisters

State of Iowa

Applicants

John Charles Donahue

Attorneys for Resisters

Richard Bennett
Douglas Hammerand

Attorneys for Applicants

Christine E. Branstad
Nathan A. Olson

Supreme Court

Oral Argument Schedule

15-15-5

Jan 20, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-2239
Date Published:
Mar 26, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2239
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Audubon County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (14 pages)

            A defendant appeals his conviction for sexual abuse in the third degree.  OPINION HOLDS: The district court properly applied Iowa’s rape shield law to preclude defense counsel from exploring an uncharged allegation of sexual abuse on cross-examination.  Defense counsel’s objection to Jury Instruction No. 20 did not sufficiently apprise the trial court of the error alleged on appeal, and thus error is unpreserved with respect to that argument.  We find the evidence sufficient to support the conviction.

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