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Supreme Court Expected List

The Iowa Supreme Court opinions expected to be filed tomorrow, October 11, 2019.

18–0825   State v. Trane
Lee (South)

Benjamin Trane appeals his convictions for assault with intent to commit sexual abuse, pattern or practice of sexual exploitation by a counselor, and child endangerment.  Trane argues (1) the trial court abused its discretion in excluding the victim’s alleged prior false claims of sexual abuse under Iowa Rule of Evidence 5.412; (2) the trial court violated Iowa Rule of Criminal Procedure 2.24 when it refused to consider his ineffective-assistance-of-counsel claims raised in a motion for new trial prior to appeal; (3) he received ineffective assistance due to trial counsel’s failure to file a motion to sever counts I and II from count III, and failure to object to improper vouching testimony; (4) the trial court erred in denying his motion for new trial based on erroneous jury instructions; and (5) there was insufficient evidence to support his convictions.

17–1075   State v. Heard
Polk

The State seeks further review after the court of appeals reversed the defendant’s first-degree murder conviction and remanded for a new trial.  The court of appeals found the defendant’s right to compulsory process was violated when the trial court accepted a witness’s assertion of Fifth Amendment privilege as to the entire subject matter of the trial.  The State contends the witness’s blanket assertion of Fifth Amendment privilege was proper.  The State further contends the defendant is categorically prohibited from calling a witness for the sole purpose of raising an inference from the witness’s invocation of the privilege.  

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