STATE v. BLAIR

No. 10-0215.

798 N.W.2d 322 (2011)

STATE of Iowa, Plaintiff-Appellee, v. Clark Allen BLAIR, Defendant-Appellant.

Court of Appeals of Iowa.

February 9, 2011.


Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Patricia Reynolds , Assistant State Appellate Defender, for appellant.

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

Considered by SACKETT, C.J., and VOGEL and VAITHESWARAN, JJ. TABOR, J., takes no part.


SACKETT, C.J.

Defendant, Clark Allen Blair, appeals from his conviction of indecent exposure, in violation of Iowa Code section 709.9 (2009). He contends 1) there is insufficient evidence to support his conviction of indecent exposure, 2) the jury improperly considered his failure to testify, and 3) his trial counsel was ineffective for failing to request a jury instruction addressing the defendant's failure to testify. He argues the district court should have granted...

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