McCunn’s murder conviction affirmed

The Iowa Court of Appeals upheld the 2019 conviction of Toby McCunn of Red Oak, for first-degree murder of Josh Jordan of Shenandoah. The conviction was released Wednesday, Feb. 16, roughly five weeks after Mary Conroy, McCunn’s attorney argued for a new trial.
In the Court of Appeals Opinion, “McCunn contends (1) the court did not properly instruct the jury on justification; (2) the court should have moved the trial for Page County; (3) the jury was biased because the court failed to strike a juror for cause; and (4) the court should have excluded prior bad acts evidence.”
Presiding Judge Mary Tabor wrote in the opinion, “No question. Toby McCunn killed Josh Jordan. The prosecution painted this picture: McCunn – fixated on retrieving stolen property from Jordan – tracked him over several days, lured him into a friend’s home in Shenandoah, and shot him. But McCunn argued that in the final moment it was Jordan who drew his gun first. And McCunn acted in self-defense. The jury rejected that defense, finding McCunn guilty of first-degree murder.”
The court found “no basis for reversal in the jury’s instructions, the court’s decision not to change the venue, its refusal to strike juror R.Y. for cause, or the admission of prior bad acts evidence.”
McCunn is currently serving a life sentence without parole at the Iowa State Penitentiary in Fort Madison.
The opinion can be read at iowacourts.gov/courtcases/14751/embed/CourtAppealsOpinion.