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Case No. 19-0295

State of Iowa
v.
Timothy M. Fontenot

Timothy Michael Fontenot seeks further review of the court of appeals decision affirming his convictions for indecent contact with a child. The court of appeals concluded the forensic interview video of the victim was properly admitted as non-hearsay prior consistent statements. The court further determined Fontenot suffered no prejudice from the admission of inconsistent statements contained in the video.

County:
Linn

Resister

State of Iowa

Applicant

Timothy M. Fontenot

Attorney for the Resister

Sheryl Soich

Attorney for the Applicant

Ashley Stewart

Supreme Court

Oral Argument Schedule

15-15-5

Nov 18, 2020 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
19-0295
Date Published:
Apr 23, 2021
Date Amended:
Jun 29, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0295
Date Published:
Jun 03, 2020
Summary

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Bower, C.J., Mullins, J., and Scott, S.J.  Opinion by Scott, S.J. (7 pages)

           

            Timothy Fontenot appeals his convictions on two counts of indecent contact with a child, claiming the district court erred in admitting hearsay evidence contained in a video of a forensic interview of his victim.  OPINION HOLDS: We conclude the bulk of the forensic interview video was properly admitted as non-hearsay prior consistent statements and Fontenot suffered no prejudice from the admission of the inconsistent statements contained in the video of the interview.  As such, we affirm Fontenot’s dual convictions of indecent contact with a child. 

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