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Case No. 19-1878

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.

County:
Osceola

Applicants

State of Iowa

Resister

Kurt Allen Kraai

Attorneys for Applicants

Louis S. Sloven
Susan R. Krisko

Attorneys for Resister

Pamela Wingert

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1878
Date Published:
Apr 14, 2021
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  OPINION HOLDS: Disavowing a prior unpublished disposition, we now conclude that giving the noncorroboration instruction was error.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. 

Other Information

Date Retained:
Jun 29, 2021
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