The defendant must prove that counsel failed to perform an essential duty and that prejudice was the result. Unless the defendant can show both by a preponderance of the evidence, we will affirm. To the extent counsel's performance hinges on the interpretation of a statute, our review is for correction of errors at law. Issues on Appeal A. Substantial Evidence of Intent Harassment is a specific intent crime. Button argues he lacked the requisite mental state so that there was not substantial evidence for a jury to find intent.
Intent is an elusive element of a crime.
Often, it can be proved only by circumstantial evidence. Here, we have a statement from Button's own mouth that he meant what he said. This statement was followed by his second reference to shooting Routson. The jury was able to watch the videotape of this encounter and hear Button's statements in context. The jury heard Button express an extreme dislike for police officers in general.