from the Iowa District Court for Linn County, Nicholas L.
Scott, District Associate Judge.
defendant appeals his convictions for assault causing bodily
R. Fiester of Law Office of David R. Fiester, Cedar Rapids,
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Tabor and May, JJ.
camera is not a witness that is amenable to
Jontese Ware contends the district court erred by allowing
the State to present photographs depicting injuries to an
assault victim who did not testify at his trial. Ware now
challenges admission of that evidence under the Confrontation
Clause. Because the photographs are not testimonial
statements, their admission did not violate Ware's right
to confront witnesses against him. Finding the photographs
are admissible, we affirm Ware's convictions for assault
causing bodily injury.
Facts and Prior Proceedings
shopping trip to Walmart with his girlfriend and their two
children turned into trouble for Ware. As Ware's family
walked toward the store, Y.D. drove her car into the Walmart
parking lot. Y.D. had two passengers: M.D. and A.F.
path of Ware's family intersected with Y.D.'s route.
In her testimony, Y.D. recalled slamming on her brakes as
"two small children ran across the parking lot."
Passenger M.D. told Ware to "get your kids." Ware
delivered a crass rejoinder, and M.D. responded in kind.
encounter became physical when Ware "snatched" A.F.
from the front seat and slammed the door on her foot,
according to Y.D.'s testimony. Y.D. saw Ware punch both
M.D. and A.F. M.D. confirmed Ware struck her twice in the
face, requiring a trip to the hospital for stitches. A.F.
also went to the hospital, because "her top lip was
gashed really, really bad," according to M.D.
result of these events, the State charged Ware with two
counts of assault causing bodily injury against M.D. and A.F.
At his jury trial, Y.D. and M.D. testified; A.F. did not.
Because A.F. did not appear, Ware objected to the State's
offer of two photographs showing A.F.'s injuries
allegedly suffered in the altercation. Ware argued the
photographs are inadmissible hearsay and violate his right to
confrontation. The district court rejected Ware's
arguments and allowed the jury to see those photographs. M.D.
testified the photographs reflected A.F.'s appearance
after Ware's assault. The jury found Ware guilty as
charged. Ware appeals.
Scope and ...