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State of Iowa v. Diamond S. Wilson
16-0156
| Iowa Ct. App. | Oct 26, 2016
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Background

  • Defendant Diamond S. Wilson was convicted by a jury of intimidation with a dangerous weapon, carrying weapons, and unlawful possession of a firearm under Iowa law.
  • Incident: after a dispute during a card game at the defendant’s girlfriend’s apartment, Wilson allegedly pulled a handgun, pointed it at the victim, and threatened to kill her; a struggle occurred and a gun discharged.
  • The victim fled and later testified Wilson called and offered money to persuade her to say he was not the shooter.
  • Forensic corroboration: bullet hole in the floor where Wilson stood, a bullet jacket, and a fresh dent in the ductwork consistent with the bullet trajectory; the firearm itself was not recovered.
  • Wilson moved for a new trial arguing the verdict was contrary to the weight of the evidence (victim not credible; no gun recovered); the district court denied the motion and the appeal challenges that denial.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the verdict was contrary to the evidence such that a new trial was required State argued evidence (victim testimony + forensic corroboration) supported convictions and credibility/recovery issues were for jury Wilson argued victim lacked credibility and absence of the gun made verdict contrary to weight of evidence Court affirmed denial of new trial; no abuse of discretion in district court
Whether absence of recovered firearm requires acquittal or new trial State: recovery not necessary to prove elements when other evidence suffices Wilson: no recovered gun undermines prosecution’s case Court: lack of gun did not mandate new trial given corroborating evidence
Whether appellate court may reweigh evidence/credibility State: credibility and weight are jury/district court functions; appellate review limited Wilson: urged reweighing to find verdict against weight of evidence Court: reiterated appellate courts do not reassess credibility or reweigh; review limited to abuse-of-discretion standard
Standard for granting new trial on weight grounds State: district court properly applied standard and exercised discretion sparingly Wilson: district court should have found weight countered verdict Court: applied precedent requiring clear, manifest abuse to overturn denial and found none

Key Cases Cited

  • State v. Nitcher, 720 N.W.2d 547 (Iowa 2006) (new-trial standard when verdict contrary to law or evidence)
  • State v. Reeves, 670 N.W.2d 199 (Iowa 2003) (contrary to the evidence means contrary to the weight of the evidence)
  • State v. Ellis, 578 N.W.2d 655 (Iowa 1998) (trial courts should grant new trials carefully and sparingly)
  • United States v. Ashworth, 836 F.2d 260 (6th Cir. 1988) (appellate courts should not reassess witness credibility or reweigh evidence)
Read the full case

Case Details

Case Name: State of Iowa v. Diamond S. Wilson
Court Name: Court of Appeals of Iowa
Date Published: Oct 26, 2016
Docket Number: 16-0156
Court Abbreviation: Iowa Ct. App.