State of Iowa
v.
Kurt Allen Kraai
Kurt Kraai appeals from his conviction for sexual abuse in the second degree. He challenges the district court’s use of a jury instruction indicating corroboration is not required for testimony of an alleged victim of sexual abuse, which he argues bolstered the victim’s testimony while implying his testimony should be treated differently.
Applicant
State of Iowa
Resister
Kurt Allen Kraai
Attorneys for the Applicant
Louis S. Sloven
Susan R. Krisko
Attorney for the Resister
Pamela Wingert
Supreme Court
Oral Argument Schedule
15-15-5-5
Dec 15, 2021 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Osceola County, Don E. Courtney, Judge. AFFIRMED. Heard by Doyle, P.J., and Tabor and Ahlers, JJ., but decided en banc. Opinion by Tabor, J. (17 pages)
Kurt Kraai appeals his conviction of second-degree sexual abuse. He claims the district court erred in giving the jury a noncorroboration instruction. OPINION HOLDS: Disavowing a prior unpublished disposition, we now conclude that giving the noncorroboration instruction was error. But because the jury’s guilty verdict was “surely unattributable” to the faulty instruction, we affirm.