State v. Blair

Defendant, Clark Allen Blair, appeals from his conviction of indecent exposure, in violation of Iowa Code section 709.9 (2009). He contends 1) there is insufficient evidence to support his conviction of indecent exposure, 2) the jury improperly considered his failure to testify, and 3) his trial counsel was ineffective for failing to request a jury instruction addressing the defendant’s failure to testify. He argues the district court should have granted his motion for judgment of acquittal and motion for a new trial.

I. BACKGROUND AND PROCEEDINGS. On September 2, 2009, eleven-year-old, C.P.…