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State v. Crisp

Court of Appeals of Iowa

December 6, 2017

STATE OF IOWA, Plaintiff-Appellee,
v.
FREDDY DOUGLAS CRISP, Defendant-Appellant.

         Appeal from the Iowa District Court for Calhoun County, Kurt J. Stoebe, Judge.

         Freddy Crisp appeals his conviction for first-degree murder.

          Mark C. Smith, State Appellate Defender, and Robert P. Ranschau, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney General, for appellee.

          Heard by Vaitheswaran, P.J., and Potterfield and McDonald, JJ.

          VAITHESWARAN, PRESIDING JUDGE.

         Freddy 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 claims.

         I. Sufficiency of the Evidence

         The 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 Defendant.
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.

         Crisp 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, along ...


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