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STATE v. SCHULER

No. 07-1131.

774 N.W.2d 294 (2009)

STATE of Iowa, Appellee, v. Russell William SCHULER, Appellant.

Supreme Court of Iowa.

Rehearing Denied October 23, 2009.

Attorney(s) appearing for the Case

Philip B. Mears of Mears Law Office, Iowa City, for appellant.

Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and James Katcher, Assistant County Attorney, for appellee.

APPEL, Justice.

This case centers on the validity of the jury instruction for the crime of willful injury causing serious injury. The defendant asserts that the instruction fails to set forth the elements of willful injury as established by the Code of Iowa. Specifically, he alleges that the instruction impermissibly lowered the State's burden of proof by requiring that it prove only that the victim "sustained" a serious injury instead of demonstrating that the defendant...

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