STATE v. FOUNTAIN

No. 07-0999.

786 N.W.2d 260 (2010)

STATE of Iowa, Appellee, v. Emmanuel FOUNTAIN, Appellant.

Supreme Court of Iowa.

July 30, 2010.


Attorney(s) appearing for the Case

Mark C. Smith, State Appellate Defender, and Stephan J. Japuntich, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Stephen Holmes, County Attorney, and Keisha Cretsinger, Assistant County Attorney, for appellee.


BAKER, Justice.

The defendant, Emmanuel Fountain, appeals from his conviction for the offense of domestic abuse assault causing bodily injury. He contends his counsel was ineffective in failing to request a specific intent instruction. Fountain argues that with a specific intent instruction the jury may have found that he did not intend to make any insulting or offensive physical contact with his then girlfriend, Levita Alexander. We conclude the trial court erred...

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