State of Iowa
v.
Alexander Shantee Thomas Ross
The State seeks further review of a court of appeals opinion that reversed and remanded Alexander Shantee Thomas Ross’s conviction for two counts of sexual abuse in the second degree. The court of appeals vacated Ross’s conviction and remanded for a new trial for the reason an improper noncorroboration jury instruction was given that prejudiced Ross’s right to a fair trial.
Applicant
State of Iowa
Resister
Alexander Shantee Thomas Ross
Attorney for the Applicant
Thomas J. Ogden
Attorney for the Resister
John C. Heinicke
Supreme Court
Oral Argument Schedule
Non-Oral
Dec 15, 2022 9:30 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge. CONVICTIONS AND SENTENCES VACATED AND CASE REMANDED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Ahlers, J. Dissent by Greer, J. (13 pages)
Alexander Ross appeals his convictions and sentences for two counts of sexual abuse in the second degree. OPINION HOLDS: There was sufficient evidence to uphold Ross’s convictions; however, due to the resulting prejudice from the improper noncorroboration jury instructions, his convictions and sentences must be vacated and the case remanded for a new trial. DISSENT ASSERTS: I respectfully dissent; I would affirm Ross's conviction because the district court gave a noncorroboration instruction of which our supreme court seemed to approved in State v. Kraai, 969 N.W.2d 487, 495 (Iowa 2022).