State of Iowa v. Lawrence George Canady III

CourtCourt of Appeals of Iowa
DecidedJuly 13, 2023
Docket22-0397
StatusPublished

This text of State of Iowa v. Lawrence George Canady III (State of Iowa v. Lawrence George Canady III) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Lawrence George Canady III, (iowactapp 2023).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 22-0397 Filed July 13, 2023

STATE OF IOWA, Plaintiff-Appellee,

vs.

LAWRENCE GEORGE CANADY III, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott,

Judge.

The defendant appeals his convictions and sentences for involuntary

manslaughter, willful injury causing bodily injury, and assault causing bodily injury.

REVERSED AND REMANDED FOR NEW TRIAL.

Martha J. Lucey, State Appellate Defender, and Bradley M. Bender,

Assistant Appellate Defender, for appellant.

Brenna Bird, Attorney General, and Louis S. Sloven, Assistant Attorney

General, for appellee.

Heard by Bower, C.J., and Tabor and Greer, JJ. 2

GREER, Judge.

A jury convicted Lawrence Canady III of voluntary manslaughter, willful

injury causing bodily injury, and assault causing bodily injury. Canady challenges

some of the district court’s evidentiary rulings and argues there is insufficient

evidence to support his conviction for voluntary manslaughter. Canady also

challenges his sentences, claiming the court should have merged his convictions

for voluntary manslaughter and willful injury causing bodily injury, wrongly relied

on the minutes of testimony when imposing sentence, and failed to state adequate

reasons on the record for consecutive terms. Because some evidence was

improperly admitted, we reverse and remand for a new trial.

I. Background Facts and Proceedings.

Following the May 1, 2021 shooting death of Martez Harrison, Canady was

charged with the first-degree murder (count I), willful injury causing serious injury

(count II), and assault causing bodily injury (count III). Canady pled not guilty to

each of the charges, and the case was tried to a jury over several days in late

2021.

At trial, the State introduced into evidence a video from a security camera

that captured a fight between Canady and Harrison outside of a bar in Sioux City.

As Canady fought Harrison, seventeen-year-old D.E. shot Harrison. After the first

shot, Canady continued punching Harrison, while D.E. walked closer and fired a

second shot. After a few more punches and kicks to Harrison by Canady, Canady 3

and D.E. fled separately.1 Harrison died from the gunshot wounds later the same

day, and Canady and D.E. were quickly apprehended by police.

The State’s theory of the case was that D.E. and Canady planned to kill

Harrison and worked in conjunction to do so. In support of this theory—and over

Canady’s objections—the State introduced into evidence an audio recording of a

jail phone call between Austin Rockwood and Canady (while Rockwood was

jailed). During the phone call on April 30, Rockwood told Canady that Harrison hit

Rockwood’s girlfriend in the face with a bottle the night before. Canady responded

in several ways, saying he would “put [Harrison] on his fucking neck” and “pick his

little ass up and slam him dead on his fucking head.” At one point, Rockwood told

Canady that “it’s tax season,” and Canady responded a few seconds later, “It’s tax

time. I swear to God.” At trial, Harrison’s fiancée, Jessica Goodman, was allowed

to testify what she believed Canady meant by “tax time”; she testified, “Taking

them—taking him for everything he gots; as in his pockets, everything, fighting him,

whatever it takes at this point. That’s what tax season means.”

The State also introduced a video that was recovered from D.E.’s cell

phone. The video was recorded on April 26, and it appears Canady is holding the

phone recording while he raps along to a song that includes several names and

violent imagery. Canady raps along to a line about Teso or Tezzo, who “got hit”

plus lines about “my glock” and “catching bodies.” In the video, Canady also adds

1 The video itself is not perfectly clear; it came from a security camera attached to a business near the bar and captured the actions of several individuals who were some distance away during the night—around 1:00 a.m. That said, Jessica Goodman, the fiancée of Harrison, was personally present at the scene of the fight and shooting; she testified at trial in conjunction with the playing of the video for the jury. Her narration went largely uncontroverted. 4

“gang gang gang,” flashes a tattoo on his hand, and pans the camera to D.E., who

is fanning out money. Multiple witnesses at trial testified that the decedent, Martez

Harrison, was also known by the nicknames Tez and Tezzo. The defense offered

evidence that the song Canady was rapping along to is by a group from Chicago;

had hundreds of thousands of views on Youtube; and referenced several names,

including someone named Teso (rather than Tezzo).

Finally, the State introduced a picture posted by D.E.’s Snapchat account

that Goodman saw a few hours after Harrison was shot. According to Goodman,

at approximately 3:30 a.m. on May 1, she saw the picture, which showed it was

posted “8h ago” or eight hours before Goodman saw it. The photo included D.E.

and another seventeen-year-old, J.H., standing in what appears to be a clothing

store. The display name on D.E.’s account was “Dwave” with multiple emojis,

including a gun emoji. Additionally, D.E. added text over the picture, which said,

“We bussing but don’t think shit sweat [gun emoji].” At trial, Goodman twice offered

her opinion on the meaning of the picture and caption. She testified, “I’m pretty

sure he meant sweet. But, basically, that they got the guns and they’re not

sweating shit.” A few questions later, Goodman testified, “I just think that it means

that they got guns and they’re going to shoot whoever. That’s what comes to me.

They’re not scared of anything.”

Before the case was submitted to the jury, Canady moved for judgment of

acquittal. Regarding count II, willful injury causing serious injury, he argued that

because the State’s theory was Canady’s fighting with Harrison and there was no

evidence Harrison suffered a serious injury from the fist fight, the jury could not be

instructed on that charge. The district court agreed, ruling the jury would not be 5

instructed on willful injury causing serious injury (a class “C” felony) but would be

instructed on the lesser-included charge of willful injury causing bodily injury (a

class “D” felony).

The jury found Canady guilty of voluntary manslaughter, which is a lesser-

included charge of first-degree murder; willful injury causing bodily injury; and

assault causing bodily injury. Canady was later sentenced to prison terms of ten

years, five years, and one year, respectively, with all three sentences running

consecutively to one another. The court also ordered Canady to serve the

sentences consecutive to his sentence in another case.

Canady appeals.

II. Discussion.

A. Evidentiary Challenges.

Canady challenges several the court’s evidentiary rulings. “We review

evidentiary rulings for an abuse of discretion.” State v. Wilson, 878 N.W.2d 203,

210 (Iowa 2016). “We review hearsay claims, however, for corrections of errors at

law.” State v. Dessinger, 958 N.W.2d 590, 597 (Iowa 2021).

We consider each of Canady’s evidentiary challenges in turn.

1. Rap Video.

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