from the Iowa District Court for Black Hawk County, Joseph M.
Moothart, District Associate Judge.
Caston appeals from his conviction for rioting.
Bradley T. Boffeli of Boffeli & Spannagel, P.C., Dubuque,
J. Miller, Attorney General, and Thomas E. Bakke, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
DANILSON, Chief Judge.
Caston appeals from his conviction for rioting, in violation
of Iowa Code section 723.1 (2013). He asserts trial counsel
was ineffective for failing to object to the admission of
security-camera video on the grounds of foundation and
authentication. Caston has failed to establish counsel was
ineffective, and we affirm.
late hours of December 31, 2012, and early January 1, 2013,
Officers Thomas Frein, Jamie Sullivan, and Edward Savage of
the Waterloo Police Department responded to a report of a
large fight inside and outside of a bar in Waterloo, Iowa.
When the officers arrived, they were told by the bar's
security personnel there were individuals fighting inside the
bar. The officers went inside and saw a large group of people
fighting, tables and chairs overturned, and pool cues out of
place. Officer Frein testified he had "never seen
anything like it." The officers engaged the people
fighting, and Officer Savage was struck with a bar stool. No
arrests were made at the time.
officers subsequently retrieved and reviewed security camera
video from the bar for the evening and morning in question.
Four different cameras provided footage of the interior of
the bar. The officers were in the video footage. While
reviewing the video, the officers recognized Caston and his
associates as being engaged in the fighting. Caston was
charged with rioting.
defense filed a motion in limine to exclude the witnesses
from identifying Caston as being depicted on the video. The
defense also objected to the admission of the video at trial.
The motions were overruled.
trial, Officer Frein testified he reviewed the security-video
footage, he was personally present in portions of the
security-video footage, and it accurately portrayed the
events recorded. Officer Savage testified he was familiar
with Caston and Caston's associates, and stated he
recognized Caston engaged in fighting behavior in the video.
jury found Caston guilty as charged. Caston appeals.
claims trial counsel was ineffective for failing to object to
the admission of security-camera video on the grounds of
foundation and authentication.
review ineffective-assistance-of-counsel claims de novo.
State v. Thorndike, 860 N.W.2d 316, 319 (Iowa 2015).
In order to succeed on a claim of ineffective assistance of
counsel, Caston must prove: (1) counsel failed to perform an
essential duty, and (2) prejudice resulted. See State v.
Maxwell, 743 N.W.2d 185, 195 (Iowa 2008).
Ineffective-assistance-of-counsel claims are ...