from the Iowa District Court for Calhoun County, Kurt J.
Crisp appeals his conviction for first-degree murder.
C. Smith, State Appellate Defender, and Robert P. Ranschau,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
by Vaitheswaran, P.J., and Potterfield and McDonald, JJ.
VAITHESWARAN, PRESIDING JUDGE.
Crisp shot his friend Dale Potter after a day and night of
drinking. A jury found him guilty of first-degree murder. On
appeal, Crisp challenges (1) the sufficiency of the evidence
supporting the jury's finding of guilt, (2) his trial
attorney's failure to object to an inference-of-malice
jury instruction, and (3) the district court's denial of
his motions for new trial. Crisp also raises several pro se
Sufficiency of the Evidence
jury was instructed the State would have to prove the
following elements of first-degree murder:
1. On or about the 10th day of November, 2015, the Defendant
shot Dale Potter.
2. Dale Potter died as a result of being shot by the
3. The Defendant acted with malice aforethought.
4. The Defendant acted willfully, deliberately,
premeditatedly, and with specific intent to kill Dale Potter.
5. The Defendant was not justified.
concedes he shot Potter and Potter died as a result of being
shot. He argues "[t]he evidence presented by the
prosecution does not show that [he] acted with malice
aforethought, premeditation, or acted willfully,
premeditatedly, or with the specific intent to kill, "
as specified in the third and fourth elements of the
instruction. In his view, "[t]he effects of alcohol,