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Case No. 20-0914

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.

County:
Madison

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:
20-0914
Date Published:
Feb 24, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0914
Date Published:
Aug 17, 2022
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).

Other Information

Date Further Review is Granted:
Nov 02, 2022
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