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.
Resister
State of Iowa
Applicant
Derris L. Swift
Attorney for the Resister
Louis S. Sloven
Attorney for the Applicant
Vidhya K. Reddy
Supreme Court
Oral Argument Schedule
15-15-5
Nov 17, 2020 1:30 PM
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 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.