State v. Roby

495 N.W.2d 773, 1992 Iowa App. LEXIS 315, 1992 WL 442283
CourtCourt of Appeals of Iowa
DecidedDecember 29, 1992
Docket91-1459
StatusPublished
Cited by7 cases

This text of 495 N.W.2d 773 (State v. Roby) 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 v. Roby, 495 N.W.2d 773, 1992 Iowa App. LEXIS 315, 1992 WL 442283 (iowactapp 1992).

Opinion

DONIELSON, Presiding Judge.

The defendant, William Roby, appeals from his conviction of attempted murder.

In 1989, Roby began living with Mary Hameed, the victim in this case. During their stormy relationship, it was not uncommon for Roby and Hameed to fight and for Roby to move out, only to later move back. In April 1991, Roby once again moved out following a fight in which Hameed had contacted the police. The next week, Ha-meed filed burglary and trespassing charges against Roby after she discovered Roby had broken into Hameed’s apartment. When she had confronted Roby in the apartment, Roby had struck Hameed and thrown her down several stairs.

Following this episode, the district court issued a no-contact order which prohibited Roby from having any contact with Ha-meed. However, Roby violated this a short time later on May 9, 1991, when he attempted to contact Hameed while she was at her ex-husband’s house.

Another violation of the no-contact order occurred two days later on May 11, 1991, the day in question. On that evening, Ha-meed had accompanied some friends and family to Brown’s Cafe in Fort Dodge. While Hameed was at the cafe, Roby approached her two times and told her he wanted to talk to her. On each occasion, Hameed told Roby to stay away. Finally, at about 3:00 a.m., Roby once again approached Hameed while she was sitting at a table with her father and her cousin. He then grabbed her by the neck and stabbed her in the right side several times with a knife. Although Hameed arrived at the hospital in critical condition, her condition stabilized following surgery.

The State filed a trial information charging Roby with one count of attempted murder and one count of escape. (The district court eventually severed the escape charge.) Prior to trial, the State filed a notice of its intention to impeach Roby with a thirteen-year-old perjury conviction. Roby resisted, and the court delayed ruling on the motion. The case then proceeded to a jury trial.

*775 Prior to the selection of the jury, Roby’s counsel objected to the make-up of the panel on the ground that there had been a systematic exclusion of minorities. The district court overruled his objection.

During trial, the court sustained the State’s motion to impeach the defendant with the thirteen-year-old perjury conviction. The court determined the likelihood of prejudice was low and the perjury conviction was relevant because Roby intended to deny he had the specific intent to cause Hameed’s death.

At the close of the evidence, the defendant moved for a judgment of acquittal based on the State’s failure to prove Roby had the actual intent to cause Hameed’s death. The court denied the motion and the jury returned a verdict of guilty as charged. The court subsequently entered judgment on the conviction and sentenced the defendant to a term of imprisonment not to exceed twenty-five years. Roby now appeals.

He contends the district court abused its discretion by allowing the State to impeach him through the use of the thirteen-year-old perjury conviction. He also contends the district court erred in granting his motion for acquittal based on the insufficiency of the evidence. Finally, Roby argues he received ineffective assistance of counsel by counsel’s failure to present specific evidence to support his objection to the alleged systematic exclusion of minorities from the jury.

On our review, we affirm the judgment of the district court.

I. Evidence of the Prior Conviction of Perjury. Roby first contends the district court abused its discretion by allowing the State to impeach his testimony with the thirteen-year-old conviction for penury.

On this issue, we review for an abuse of discretion. In order to show an abuse of discretion, one generally must show that the court exercised its discretion “on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. Blackwell, 238 N.W.2d 131, 138 (Iowa 1976) (citing State v. Burnor, 132 Vt. 603, 326 A.2d 138, 140 (1974)).

Under Iowa Rule of Evidence 609(b), evidence of a prior conviction involving dishonesty or false statements is not admissible if:

... a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect....

Iowa R.Evid. 609(b) (emphasis added). See State v. Roth, 403 N.W.2d 762, 767 (Iowa 1987). Rule 609(b), in effect, creates a rebuttable presumption that convictions over ten years old are more prejudicial than probative and are therefore inadmissible. State v. Hackney, 397 N.W.2d 723, 727 (Iowa 1986).

Roby argues the State failed to overcome the rebuttable presumption that evidence of the thirteen-year-old perjury conviction is more prejudicial than probative. We do not agree.

The court’s ruling on this issue did not constitute an abuse of discretion for two separate reasons. First, Roby’s perjury conviction was highly probative because Roby’s defense relied primarily on his own testimony that he did not have the intent to cause Hameed’s death. As the primary issue was Roby’s specific intent, the credibility of Roby’s testimony was paramount.

Second, because the prior conviction in question was for perjury, a crime unrelated to the crime of attempted murder, we agree the prejudicial effect of this evidence did not outweigh its probative value. We agree with the finding of the district court: “[TJhere is no likelihood ' that the jury would conclude that because he committed [perjury], he committed [attempted murder]_ That type of prejudice is not involved here.”

We agree convictions under rule 609(b) should be admitted only in exception *776 al circumstances. See State v. Hackney, 397 N.W.2d 723, 727 (Iowa 1986). However, rule 609(b) is not an absolute bar to the admission of evidence of convictions which are over ten years old. Accordingly, the district court properly relied upon the strict language in rule 609(b) in making its finding that, based upon specific facts and circumstances presented by the State, the probative value of the thirteen-year-old perjury conviction substantially outweighed its prejudicial effect and was therefore admissible. We find the district court did not abuse its discretion.

II. Sufficiency of the Evidence to Prove Attempted Murder. Roby next contends the district court erred in failing to grant his motion for judgment of acquittal on the grounds that the State’s evidence was insufficient to sustain a conviction of attempted murder.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Iowa v. Robert Lee Williams, Jr.
Court of Appeals of Iowa, 2025
State of Iowa v. Stanley Lavell Donahue
Court of Appeals of Iowa, 2025
State of Iowa v. Brian Eugene Ingram, Jr.
918 N.W.2d 503 (Court of Appeals of Iowa, 2018)
State of Iowa v. Gary Michael Fortune
Court of Appeals of Iowa, 2017
State of Iowa v. Dani Rochelle Rogers
Court of Appeals of Iowa, 2016
State v. Parker
747 N.W.2d 196 (Supreme Court of Iowa, 2008)
State Of Iowa Vs. Richard Leroy Parker
Supreme Court of Iowa, 2008

Cite This Page — Counsel Stack

Bluebook (online)
495 N.W.2d 773, 1992 Iowa App. LEXIS 315, 1992 WL 442283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roby-iowactapp-1992.