19-0947
Iowa Ct. App.Jun 3, 2020Background
- On July 5, 2017, after drinking, Marissa Johnson and Taefon Anderson confronted Anderson’s ex, Thorsha Gary; a bottle was thrown at Gary’s car and loud yelling ensued.
- Gary and two friends went inside; someone kicked the back door (witnessed by Derrick Tatum through a window), Anderson briefly gained entry but was pushed out, then someone kicked the front door for ~3 minutes.
- Gary did not personally see Johnson kick or enter; police found a shoe print on the front door whose tread matched shoes seized from Johnson.
- Police later encountered Johnson at a nearby house; she was belligerent, resisted arrest, and attempted to bite an officer.
- Johnson was charged (information specified the breaking theory) with second-degree burglary, convicted by a jury of attempted burglary in the second degree (specific intent to commit an assault), and received a five-year suspended sentence with placement conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence (specific intent / aiding and abetting) | State: circumstantial evidence (prior argument, bottle thrown, yelling, presence at door, shoe print, belligerence) permits inference Johnson intended to assault or aided Anderson with that intent | Johnson: evidence did not establish her specific intent to assault or that she aided Anderson with knowledge of that intent | Affirmed: viewing evidence in State’s favor, sufficient circumstantial evidence supported conviction for attempted 2nd-degree burglary (specific intent may be inferred) |
| Ineffective assistance — failure to request entering alternative (and trespass lesser included) | State: counsel’s choice to omit entering instruction was reasonable trial strategy given charge alleged breaking; counsel emphasized Johnson did not enter | Johnson: omission deprived jury of entering alternative and lesser-included trespass, creating prejudice | No ineffective assistance: strategic decision reasonable; defendant failed to show prejudice or reasonable probability of different outcome |
| Ineffective assistance — failure to object to hearsay (Tatum’s statement about who was kicking) | State: Tatum’s out-of-court identification (related by Gary) qualified as present sense impression and was admissible | Johnson: counsel should have objected or asked for limiting instruction; without it jury might acquit | No ineffective assistance: statements admissible under present sense impression; counsel had no duty to object to admissible evidence |
Key Cases Cited
- State v. Hansen, 750 N.W.2d 111 (Iowa 2008) (standard of review for sufficiency claims)
- State v. Lambert, 612 N.W.2d 810 (Iowa 2000) (specific intent usually proved by inference)
- State v. Corsi, 686 N.W.2d 215 (Iowa 2004) (reasonable inferences from evidence support criminal findings)
- State v. Kuhse, 937 N.W.2d 622 (Iowa 2020) (two-prong ineffective-assistance test)
- State v. Ambrose, 861 N.W.2d 550 (Iowa 2015) (prejudice standard for ineffectiveness: reasonable probability of different result)
- Brewer v. State, 444 N.W.2d 77 (Iowa 1989) (deference to reasonable trial strategy)
- State v. Veverka, 938 N.W.2d 197 (Iowa 2020) (definition and rule on hearsay)
- State v. Musser, 721 N.W.2d 734 (Iowa 2006) (no duty to object to admissible evidence)
- State v. Thorndike, 860 N.W.2d 316 (Iowa 2015) (speculative effect of error insufficient to show prejudice)