State of Iowa v. Eddie Lamont Virgil

WATERMAN, Justice.

In this appeal, we must decide whether the defendant, convicted of domestic abuse assault, third offense, under Iowa Code section 708.2A(4) (2015), is entitled to a new trial because his trial counsel failed to request a jury instruction defining “household member.” The defendant argues the State failed to meet its burden to prove this “assault [was] between persons who have been ... household members residing together within the past year” under sections 708.2A(4) and 236.2(2)(d). He spent several nights a week at the victim’s home before their breakup without sharing…