STATE v. VIRGIL

No. 15-0971.

895 N.W.2d 873 (2017)

STATE of Iowa, Appellee, v. Eddie Lamont VIRGIL, Appellant.

Supreme Court of Iowa.

Filed May 25, 2017.


Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Maria Ruhtenberg , Assistant Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Richard J. Bennett , Special Counsel (until withdrawal), Tyler J. Buller and Kyle P. Hanson , Assistant Attorneys General, Lucas A. Sterbick , Law Student, Tom Ferguson , County Attorney, and Michelle Wagner , Assistant County Attorney, for appellee.


In this appeal, we must decide whether the defendant, convicted of domestic abuse assault, third offense, under Iowa Code section 708.2A(4) (2015), is entitled to a new trial because his trial counsel failed to request a jury instruction defining "household member." The defendant argues the State failed to meet its burden to prove...

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