State of Iowa v. Kerry B. Morgan Jr., 16-1519

Defendant Kerry B. Morgan Jr. and G.T., the victim, were former partners and parents of a child; they did not live together.
In the early morning of Feb. 20, 2016, Morgan forced entry into G.T.’s home (broken front-door glass; crowbar found outside); witnesses heard screaming and blows.
Officers found G.T. naked, hysterical, with widespread redness and abrasions; she told officers Morgan punched her, choked her so her breathing was abnormal, and digitally penetrated her.
Morgan admitted confronting G.T. about suspected sex work, threatened to kill her, and acknowledged being upset after she had not answered his calls.
At trial (bench trial), G.T. recanted much of her initial statements, claiming she was high and that another man (Justin) caused the injuries; the district court found her in-court testimony not credible and instead credited her excited statements to officers at the scene.
The court convicted Morgan of first-degree burglary (Iowa Code §713.3(2)) and domestic abuse assault—strangulation with injury (§708.2A(5)); Morgan appealed claiming insufficient evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for strangulation-with-injury domestic assault	State: victim’s statements to officers, medical/photographic evidence of neck injury, and relationship support conviction	Morgan: trial testimony says no choking or punching; victim was high at the time of incident so earlier statements unreliable	Affirmed — substantial evidence supports conviction based on victim’s contemporaneous statements and injuries
Sufficiency of evidence for first-degree burglary (intent to assault at entry)	State: forcible entry, threats, admissions of intent to confront/assault, and subsequent assault allow inference of intent at entry	Morgan: did not know another man was present; entry led to argument rather than preformed intent to assault	Affirmed — circumstantial evidence (broken door, crowbar, statements, assault) permits inference he intended to commit assault when entering

State v. Alvarado, 875 N.W.2d 713 (Iowa 2016) (standard for sufficiency review; evidence viewed in light most favorable to State)
State v. Lopez, 633 N.W.2d 774 (Iowa 2001) (credibility determinations are for the factfinder)
State v. Hopkins, 576 N.W.2d 374 (Iowa 1998) (factfinder may resolve conflicting evidence by credibility choices)
State v. Sanford, 814 N.W.2d 611 (Iowa 2012) (factfinder free to reject some evidence and credit other evidence)
State v. Lambert, 612 N.W.2d 810 (Iowa 2000) (to convict for burglary, intent to commit assault must exist at time of entry)
State v. Taylor, 689 N.W.2d 116 (Iowa 2004) (defendant’s intent usually proved by inference from surrounding circumstances)
State v. Finnel, 515 N.W.2d 41 (Iowa 1994) (intent to assault may be inferred from manner of entry and acts before/after entry)