Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Winder

Court of Appeals of Iowa

March 7, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
DIANNA MARIE WINDER, Defendant-Appellant.

         Appeal from the Iowa District Court for Sioux County, Patrick H. Tott, Judge.

         Dianna Winder appeals her convictions of child endangerment causing bodily injury and assault causing bodily injury.

          Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Zachary C. Miller, Assistant Attorney General, for appellee.

          Considered by Danilson, C.J., Vaitheswaran, J., and Mahan, S.J. [*]

          MAHAN, SENIOR JUDGE

         Dianna Winder appeals her convictions of child endangerment causing bodily injury and assault causing bodily injury. She contends her attorney was ineffective in failing to properly challenge the sufficiency of the evidence supporting the jury's findings of guilt and claims the district court erred in ordering restitution for the costs of prosecution. We affirm.

         I. Background Facts and Proceedings

         The jury could have found the following from the evidence presented at trial. At around 7:00 a.m. on November 11, 2015, Kaitlin Rollins left her fifteen -month-old son, L.J., in the care of Dianna Winder. Winder provided daycare services for children out of her home in Maurice. At around 5:00 p.m., as she was getting done with work for the day, Rollins received a text message from Winder saying L.J. was "having an allergic reaction." Rollins was "surprise[ed]" because L.J. had no known allergies. Rollins went to Winder's house to get L.J. and observed "thick red lines" on L.J.'s face "from his ear to his forehead" and L.J.'s "ear was purple and red"; she did not think the marks looked like a rash. As Rollins and Winder discussed what may have happened to L.J., Winder "threw her hands in the air" and "said she didn't hit him." Winder said L.J. had fallen that day while he was playing. Rollins recalled that L.J.'s face looked "normal, " with no visible injuries, when she left him in Winder's care that morning.

         Rollins took L.J. to the emergency room, arriving around 5:15 p.m. L.J. was alert and calm. A paramedic examined L.J. and noted he had "abrasions from the middle of the forehead around to the left ear" with "purple bruising" and "what looks like some possible finger marks near the left temple." The paramedic noted, "The left ear is especially purple with scrapes." A physician examined L.J. and noted he had "[h]ead and facial abrasions" and "evidence of what looks to be trauma on the left side of his head and face." A sheriffs deputy and a department of human services (DHS) caseworker were called to the hospital to investigate. The deputy concluded L.J.'s injury came from a right hand wearing rings. A nurse examined L.J. the next day and opined his injuries were "indicative of inflicted injuries likely from a hand, " with the perpendicular marks "possibly [caused by] a ring." Winder wore two rings on her right hand on the day L.J. was injured. The other people L.J. was around that day were interviewed; investigators did not suspect they caused L.J.'s injuries.

         The State charged Winder with child endangerment causing bodily injury and assault causing bodily injury. At the close of the State's evidence, Winder's attorney made a general motion for judgment of acquittal, which the district court overruled. A jury subsequently found Winder guilty. Winder appealed following imposition of sentence. Additional facts will be discussed below as are relevant to her claims on appeal.

         II. Ineffective Assistance of Counsel

         Winder claims her attorney was ineffective in failing to make a detailed challenge to the sufficiency of the evidence supporting the jury's findings of guilt. See State v. Crone, 545 N.W.2d 267, 270 (Iowa 1996) (analyzing a defendant's challenge to the sufficiency of the evidence under an ineffective-assistance-of-counsel rubric when a general motion for judgment of acquittal was inadequate to preserve error on the sufficiency-of-the-evidence claim). "A claim of ineffective assistance of trial counsel based on the failure of counsel to raise a claim of insufficient evidence to support a conviction is a matter that normally can be decided on direct appeal." State v. Truesdell, 679 N.W.2d 611, 616 (Iowa 2004). If the record "fails to reveal substantial evidence to support the convictions, counsel was ineffective for failing to properly raise the issue and prejudice resulted. On the other hand, if the record reveals substantial evidence, counsel's failure to raise the claim of error could not be prejudicial." Id. Our review is de novo. See Dempsey v. State, 860 N.W.2d 860, 868 (Iowa 2015).

         The jury was instructed the State would have to prove the following elements of child ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.