State of Iowa v. Eddie Virgil, 15-0971

Background

Defendant Eddie Virgil and complainant N.J. had an on‑again/off‑again romantic relationship in 2013–2014; Virgil stayed at her home several nights per week and kept personal items there.
On October 14, 2014 N.J. arrived at a hospital with a black eye and reported Virgil had assaulted her after confronting her on the street.
The first trial ended in a mistrial. At the second trial the State could not locate N.J.; the district court found her unavailable after multiple, reasonable attempts to serve subpoenas and allowed her prior trial testimony to be read.
The jury convicted Virgil of domestic abuse assault, third offense; Virgil appealed, raising multiple claims including inadmissible prior testimony, insufficiency of evidence of a domestic relationship, ineffective assistance for failing to request a Kellogg/household‑member instruction, and jury selection errors.
The court affirmed: prior testimony admissible due to witness unavailability; substantial evidence supported cohabitation under Kellogg factors; counsel’s failure to request a definitional instruction was deficient performance but did not show prejudice; juror‑for‑cause challenges unreviewable without record and not shown to be erroneous.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior trial testimony (unavailability)	State: made reasonable, good‑faith efforts to locate witness; witness unavailable → prior testimony admissible	Virgil: State did not sufficiently show unavailability; reading prior testimony violated hearsay/confrontation	Affirmed — State’s repeated attempts (subpoenas, police, investigator, contacting family, daycare checks) were reasonable; witness unavailable under the rule.
Sufficiency of evidence of "household member"/cohabitation	State: evidence on several Kellogg factors (sexual relations, nights spent there, stored belongings, childcare) proves cohabitation	Virgil: relationships were short/on‑and‑off; no shared expenses, no ownership; evidence insufficient	Affirmed — viewed in State’s favor, Kellogg factors supported a domestic relationship; evidence substantial.
Ineffective assistance for failing to request instruction defining "household member"	State: omission did not prejudice defendant because sufficient evidence of cohabitation was presented	Virgil: counsel’s failure to request Kellogg‑based definitional instruction was deficient and prejudicial	Affirmed — counsel’s failure was deficient, but Virgil failed to prove prejudice given the evidence. (Dissent would find prejudice.)
Removal of two potential jurors for cause and lack of recorded voir dire	State: trial court’s removals proper; no record of voir dire prevents appellate review	Virgil: court abused discretion by removing jurors without rehabilitative questioning	Affirmed — defendant failed to provide record/transcript; no showing of abuse of discretion; even on the limited record, removals appear proper.

Key Cases Cited

State v. Ross, 573 N.W.2d 906 (Iowa 1998) (standard of review for hearsay/unavailability rulings)
State v. Zaehringer, 325 N.W.2d 754 (Iowa 1982) (proponent must show good‑faith efforts to procure witness attendance)
State v. Kellogg, 542 N.W.2d 514 (Iowa 1996) (non‑exhaustive factors for cohabitation/household member)
State v. Sanford, 814 N.W.2d 611 (Iowa 2012) (sufficiency review: view evidence in light most favorable to State)
Ledezma v. State, 626 N.W.2d 134 (Iowa 2001) (standards for ineffective assistance claims)
State v. Mitchell, 573 N.W.2d 239 (Iowa 1997) (abuse‑of‑discretion review for challenges for cause)
State v. Douglas, 485 N.W.2d 619 (Iowa 1992) (appellate court will not predicate error on speculation; need record for voir dire claims)
State v. Richards, 809 N.W.2d 80 (Iowa 2012) (abuse of discretion standard for evidentiary rulings)