In State v. Trane, 934 N.W.2d 447 (Iowa 2019), this court conditionally affirmed Benjamin Trane’s convictions for assault with intent to commit sexual abuse; child endangerment; and pattern, practice, or scheme to engage in sexual exploitation by a counselor or therapist but remanded to the district court to conduct an in camera rule 5.412 hearing to determine whether victim K.S. made false allegations of sexual abuse against her adoptive or foster parents. On remand, the district court found that Trane failed to make this showing. Trane appeals from that order arguing the district court’s conclusion is not supported by substantial evidence. Trane further argues the district court abused its discretion in failing to recuse itself from the rule 5.412 hearing and committed clear error by conducting a rule 5.412 hearing contrary to the rules of evidence and this court’s decision in Trane, and by considering and giving undue weight to immaterial evidence.

County:

Lee South