from the Iowa District Court for Clay County, Charles K.
Borth, District Associate Judge.
Igou appeals his conviction for domestic abuse assault
causing bodily injury following a jury trial.
B. Bjornstad of Jack Bjornstad Law Office, Okoboji, for
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and
VAITHESWARAN, Presiding Judge.
determined Tyler Igou assaulted his girlfriend, and the
district court entered judgment and sentence for domestic
abuse assault causing bodily injury. See Iowa Code
§§ 708.2A(1), (2)(b) (2016). On appeal, Igou
contends the district court should have excluded the
girlfriend's testimony as a sanction for the
prosecutor's violation of a discovery rule.
Iowa Rule of Criminal Procedure 2.14(1) states:
When a witness subpoenaed by the prosecuting attorney
pursuant to rule 2.5 is summoned by the prosecuting attorney
after complaint, indictment or information, the defendant
shall have a right to be present and have the opportunity to
cross-examine any witnesses whose appearance before the
county attorney is required by this rule.
the trial information was filed, the prosecutor issued
Igou's girlfriend a pretrial subpoena without notifying
Igou or his attorney. The prosecutor conducted an unrecorded
interview of the girlfriend.
trial, Igou's girlfriend testified for the State. During
cross-examination, the defense learned of the pretrial
subpoena. Igou moved for judgment of acquittal based in part
on the prosecutor's failure to notify him of the
subpoena. The district court reserved ruling on the motion
but invited either party to "make further record about
this subpoena and what the consequences of it should
be." Following the jury's finding of guilt, the
court denied the acquittal motion without revisiting the
moved for a new trial based on the claimed rule violation.
The district court denied the motion after concluding the
prosecutor violated rule 2.14(1) but Igou was not prejudiced
by the violation. This appeal followed.