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. Chrzan

Court of Appeals of Iowa

October 9, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
AMBRASHIA MARIE CHRZAN, Defendant-Appellant.

          Appeal from the Iowa District Court for Washington County, Myron Gookin, Judge.

         Ambrashia Chrzan appeals her conviction for child endangerment resulting in death.

          Mark C. Smith, State Appellate Defender, (until withdrawal) and Maria Ruhtenberg, Assistant Appellate Defender, for appellant.

          Thomas J. Miller, Attorney General, and Thomas E. Bakke, Assistant Attorney General, for appellee.

          Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.

          BOWER, JUDGE.

         Ambrashia Chrzan appeals her conviction for child endangerment resulting in death, in violation of Iowa code section 726.6(1)(d), (3), (4) (2016). She asserts trial counsel was ineffective in failing to object to prior-bad-acts evidence and in failing to object to a jury instruction that prior statements made by the defendant could be considered as if made at trial.[1] We affirm the conviction, preserve the first ineffective-assistance claim for possible postconviction proceedings, and reject the second ineffective-assistance claim on the merits.

         The district court recited the following "credible evidence" in its ruling denying the motion in arrest of judgement or for new trial:

(a) A.M. was born prematurely with a positive blood test for methamphetamine and was therefore immediately removed from [Chrzan's] custody and placed in foster care.
(b) Due to the premature birth, A.M. had a low birth weight and weighed approximately 4 lbs. when placed in foster care on June 16, 2015, approximately two weeks after birth.
(c) Due to A.M.'s low weight, her primary physician, Dr. Nacos, followed her progress with frequent appointments.
(d) While in foster care, A.M. thrived and gained weight. She caught up on weight enough to be "on the growth chart" used to measure infant development.
(e) A.M. returned to [Chrzan's] care on December 4, 2015. The day before, on December 3, 2015, A.M. had a wellness check with Dr. Nacos and weighed 14 lbs. 2.5 oz.
(f) On the first wellness check after A.M. had returned to [Chrzan's] care, occurring January 25, 2016, A.M. ...

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.