State v. Williams, 334 N.W.2d 742 (Iowa 1983). · Go Syfert
State v. Williams, 334 N.W.2d 742 (Iowa 1983). Cases Citing This Book View Copy Cite
“of course, counsel has no right to create evidence by his argument nor interject his personal beliefs. it is for the jury to determine the logic and weight of the conclusions drawn.”
85 citation events (73 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Iowa v. Emmanuel Zleh Totaye, Jr. (iowactapp, 2024-07-24)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 42 distinct citers.
examined Cited as authority (verbatim quote) State of Iowa v. Emmanuel Zleh Totaye, Jr. (2×)
Iowa Ct. App. · 2024 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the governing principle does not preclude all personalized remarks; it merely precludes those that do not appear to be based on the evidence.
discussed Cited as authority (verbatim quote) State of Iowa v. Dustin Jerome Jefferson (2×) also: Cited as authority (rule)
Iowa Ct. App. · 2018 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
failure to object or to move to strike certain evidence may well have been motivated by a desire not to emphasize the allegedly objectionable testimony.
discussed Cited as authority (verbatim quote) State of Iowa v. Edward Daniel Towney
Iowa Ct. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
of course, counsel has no right to create evidence by his argument nor interject his personal beliefs. it is for the jury to determine the logic and weight of the conclusions drawn.
discussed Cited as authority (verbatim quote) State of Iowa v. Nathan Anthony Walter (2×) also: Cited as authority (rule)
Iowa Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
of course, counsel has no right to create evidence by his argument nor interject his personal beliefs. it is for the jury to determine the logic and weight of the conclusions drawn.
discussed Cited as authority (rule) S.K., a legally incapacitated Minor by and through his Conservator, Thomas T. Tarbox v. Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C., and Mercy Hospital Iowa City and Jill Christine Goodman
Iowa · 2024 · confidence medium
Serv. of Iowa, 541 N.W.2d 904, 908 (Iowa Ct. App. 1995). “[C]ounsel may not during closing argument vouch for a witness’s credibility based on personal belief, counsel’s experience in similar cases, or any other ground outside the evidence at trial.” Buboltz v. Birusingh, 962 N.W.2d 747 , 759 (Iowa 2021) (citing State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)).
discussed Cited as authority (rule) S.K., a legally incapacitated Minor by and through his Conservator, Thomas T. Tarbox v. Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C., and Mercy Hospital Iowa City and Jill Christine Goodman
Iowa · 2024 · confidence medium
Serv. of Iowa, 541 N.W.2d 904, 908 (Iowa Ct. App. 1995). “[C]ounsel may not during closing argument vouch for a witness’s credibility based on personal belief, counsel’s experience in similar cases, or any other ground outside the evidence at trial.” Buboltz v. Birusingh, 962 N.W.2d 747 , 759 (Iowa 2021) (citing State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)).
discussed Cited as authority (rule) David Clancy v. State of Iowa
Iowa Ct. App. · 2022 · confidence medium
“The key point is that counsel is precluded from using argument to vouch personally as to a defendant’s guilt or a witness’s credibility.” State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983); see also Carey, 709 N.W.2d at 556 (“[M]isconduct occurs when the prosecutor seeks [to tarnish the defendant’s credibility or boost the State’s case] through unnecessary and overinflammatory means that go outside the record or threaten to improperly incite the passions of the jury.”).
discussed Cited as authority (rule) State of Iowa v. Ezekiel Cortez Phillips (2×) also: Cited "see"
Iowa Ct. App. · 2021 · confidence medium
“The governing principle does not preclude all personalized remarks; it merely precludes those that do not appear to be based on the evidence.” State v. Williams, 334 N.W.2d 742, 745 (Iowa 1983). “[M]isconduct does not reside in the fact that the prosecution attempts to tarnish the defendant’s credibility or boost that of the State’s witnesses; such tactics are not only proper, but part of the prosecutor’s duty.” Carey, 709 N.W.2d at 556 .
discussed Cited as authority (rule) State of Iowa v. David Moses Weltman (2×) also: Cited "see, e.g."
Iowa Ct. App. · 2021 · confidence medium
However, the other statements highlighted by Weltman have not been preserved for appellate review. 18 State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983); accord State v. Martens, 521 N.W.2d 768, 772 (Iowa Ct. App.1994) (stating, “vouching for a witness may induce the jury to trust the judgment of the prosecutor rather than their view of the evidence since the prosecutor’s opinion carries the imprimatur of the Government”); Beaugureau v. State, 56 P.3d 626, 632 (Wyo. 2002) (observing that when a prosecutor asserts his personal opinions, “the jury might be persuaded not by the evidence, …
discussed Cited as authority (rule) State of Iowa v. Jeffry Brian Waite
Iowa Ct. App. · 2021 · confidence medium
“The key point is that counsel is precluded from using argument to vouch personally as to a defendant's guilt or a witness's credibility.” Id. (quoting State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)).
cited Cited as authority (rule) David Buboltz and Donna Reece v. Patricia Birusingh, individually and in Her Capacity as Co-Executor of the Estate of Cletis C. Ireland, and Kumari Durick
Iowa · 2021 · confidence medium
State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983).
cited Cited as authority (rule) David Buboltz and Donna Reece v. Patricia Birusingh, individually and in Her Capacity as Co-Executor of the Estate of Cletis C. Ireland, and Kumari Durick
Iowa · 2021 · confidence medium
State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983).
cited Cited as authority (rule) State of Iowa v. Trapp Leroy Trotter, Jr.
Iowa Ct. App. · 2021 · confidence medium
Id. (quoting State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)).
discussed Cited as authority (rule) State of Iowa v. James Edward Brice
Iowa Ct. App. · 2020 · confidence medium
The central teaching of Graves is that the “defendant is entitled to have the case decided solely on the evidence.” Id. at 874 (quoting State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)); see also State v. Carey, 709 N.W.2d 547, 556 (Iowa 2006).
discussed Cited as authority (rule) State of Iowa v. Robert Ray Mannetter
Iowa Ct. App. · 2019 · confidence medium
The central teaching of Graves is that the “defendant is entitled to have the case decided solely on the evidence.” Id. at 874 (quoting State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)); see also State v. Carey, 709 N.W.2d 547, 556 (Iowa 2006).
discussed Cited as authority (rule) State of Iowa v. Griffin Edward Meyer
Iowa Ct. App. · 2019 · confidence medium
State v. Williams, 334 N.W.2d 742, 745 (Iowa 1983); State v. Escobedo, 573 N.W.2d 271, 278 (Iowa Ct. App. 1997) (“The use of the personal pronoun ‘I’ by a prosecutor during closing argument does not generally amount to an improper 10 expression of personal belief as long as it clearly communicates nothing more than a comment on the evidence.”).
cited Cited as authority (rule) State v. Smith
Iowa Ct. App. · 2017 · confidence medium
This does not preclude all personalized remarks, though; “it merely precludes those that do not appear to be based on the evidence.” State v. Williams, 334 N.W.2d 742, 745 (Iowa 1983).
cited Cited as authority (rule) State of Iowa v. Roman Jacob Moncivaiz
Iowa Ct. App. · 2017 · confidence medium
Additionally, “counsel is precluded from using argument to vouch personally as to a defendant’s guilt or a witness’s credibility.” See State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983).
discussed Cited as authority (rule) State of Iowa v. Undray Jermaine Reed (2×) also: Cited "see"
Iowa Ct. App. · 2017 · confidence medium
Id. (citing State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)).
discussed Cited as authority (rule) State of Iowa v. Phillip Leroy Smith
Iowa Ct. App. · 2017 · confidence medium
This is true whether 15 the personal belief is purportedly based on knowledge of facts not possessed by the jury, counsel’s experience in similar cases, or any ground other than the weight of the evidence in the trial.” See State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983); see also Martens, 521 N.W.2d at 772 (“[V]ouching for a witness may induce the jury to trust the judgment of the prosecutor rather than their view of the evidence since the prosecutor’s opinion carries the imprimatur of the Government. . . .
cited Cited as authority (rule) Amended September 20, 2017 State of Iowa v. Kelvin Plain Sr.
Iowa · 2017 · confidence medium
We emphasized that prosecutors may not “vouch personally as to a defendant’s guilt or a witness’s credibility.” Id. (quoting State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)).
discussed Cited as authority (rule) State of Iowa v. Kelvin Plain Sr. (2×)
Iowa · 2017 · confidence medium
We emphasized that prosecutors may not “vouch personally as to a defendant’s guilt or a witness’s credibility.” Id. (quoting State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)).
discussed Cited as authority (rule) Bruce Marcel Braggs, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2017 · confidence medium
State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983); accord State v. Martens, 521 N.W.2d 768, 772 (Iowa Ct. App. 1994) (stating, “vouching for a witness may induce the jury to trust the judgment of the prosecutor rather than their view of the evidence since the prosecutor’s opinion carries the imprimatur of the Government”).
discussed Cited as authority (rule) State of Iowa v. James Phillip Morgan
Iowa Ct. App. · 2016 · confidence medium
See State v. Shanahan, 712 N.W.2d 121, 139-40 (Iowa 2006); Graves, 668 N.W.2d at 874 ; State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983); Nevertheless, “[t]he governing principle does not preclude all personalized remarks; it merely precludes those that do not appear to be based on the evidence.” Williams, 334 N.W.2d at 745 . 1.
cited Cited as authority (rule) Terrance Jerrell Burnett, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2016 · confidence medium
State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983).
discussed Cited as authority (rule) State of Iowa v. Michael Jan Menton
Iowa Ct. App. · 2015 · confidence medium
Such characterization by the prosecutor does not rise to an inflammatory statement such that the prosecutor, “vouch[ed] personally as to a defendant’s guilt or a witness’s credibility.” See State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983).
cited Cited as authority (rule) State of Iowa v. John Arthur Wilson
Iowa Ct. App. · 2014 · confidence medium
State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983).
cited Cited as authority (rule) Jon Andrew Weltha v. State of Iowa
Iowa Ct. App. · 2014 · confidence medium
Counsel’s failure to object to certain evidence “may well have been motivated by a desire not to emphasize the allegedly objectionable testimony.” State v. Williams, 334 N.W.2d 742, 745 (Iowa 1983).
discussed Cited as authority (rule) State Of Iowa Vs. Adam Donald Musser
Iowa · 2006 · confidence medium
Ed. 2d 1, 7-8 (1985) (relying on ABA Standards in considering claim of prosecutorial misconduct, noting the Standards were “useful guidelines”); State v. Williams, 334 N.W.2d 742, 745 (Iowa 1983) (relying on ABA Standards in reviewing allegations of prosecutorial misconduct).
discussed Cited as authority (rule) State v. Musser
Iowa · 2006 · confidence medium
The ABA Standards for Criminal Justice state: “The prosecutor should refrain from argument which would divert the jury from its duty to decide the case on the evidence.” ABA Standards for Criminal Justice 3-5.8 (3d ed.1993); see also id. commentary (“Predications about the effect of an acquittal on lawlessness in the community also go beyond the scope of the issues in the trial and are to be avoided.”). *756 See generally United States v. Young, 470 U.S. 1, 8 , 105 S.Ct. 1038, 1042 , 84 L.Ed.2d 1, 7-8 (1985) (relying on ABA Standards in considering claim of prosecutorial misconduct, no…
cited Cited as authority (rule) State v. Carey
Iowa · 2006 · confidence medium
A defendant is entitled to have the case decided solely on the evidence.” Id. at 874 (quoting State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)) (emphasis added).
cited Cited as authority (rule) State Of Iowa, Vs. Keith Brainerd Carey, Sr.
Iowa · 2006 · confidence medium
A defendant is entitled to have the case decided solely on the evidence.” Id. at 874 (quoting State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983)) (emphasis added).
examined Cited as authority (rule) State v. Graves (4×) also: Cited "see"
Iowa · 2003 · confidence medium
State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983); accord State v. Martens, 521 N.W.2d 768, 772 (Iowa Ct.App.1994) (stating, "vouching for a witness may induce the jury to trust the judgment of the prosecutor rather than their view of the evidence since the prosecutor's opinion carries the imprimatur of the Government"); Beaugureau, 56 P.3d at 632 (observing that when a prosecutor asserts his personal opinions, "the jury might be persuaded not by the evidence, but rather by a perception that counsel's opinions are correct because of his position as prosecutor").
cited Cited as authority (rule) State v. Belken
Iowa · 2001 · confidence medium
State v. Constable, 505 N.W.2d 473, 478 (Iowa 1993); State v. Newman, 326 N.W.2d 788, 793 (Iowa 1982); State v. Williams, 334 N.W.2d 742, 743 (Iowa 1983).
cited Cited as authority (rule) State v. Escobedo
Iowa Ct. App. · 1997 · confidence medium
State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983).
cited Cited as authority (rule) Rosenberger Enterprises, Inc. v. Insurance Service Corp. of Iowa
Iowa Ct. App. · 1995 · confidence medium
State v. Williams, 334 N.W.2d 742, 744 (Iowa 1983).
discussed Cited as authority (rule) State v. Martens (2×)
Iowa Ct. App. · 1994 · confidence medium
State v. Williams, 334 N.W.2d 742, 745 (Iowa 1983); see also ABA Standards for Criminal Justice 3-5.8(b) (2d ed. 1980); Iowa Code of Professional Responsibility for Lawyers DR 7-106(C).
discussed Cited as authority (rule) State v. Poppe
Iowa Ct. App. · 1993 · confidence medium
An attorney’s expression of a personal belief that is not stated as a reasonable inference from the record is barred because such a statement is a form of “unsworn, unchecked testimony and tends to exploit the influence of [the prosecutor’s] office and undermine the objective detachment which should separate a lawyer from the cause for which he or she argues.” See State v. Williams, 334 N.W.2d 742, 745 (Iowa 1983) (citing ABA Standards, The Prosecution Function).
discussed Cited as authority (rule) State v. Brokaw
Iowa · 1984 · confidence medium
See, e.g., State v. Oliver, 341 N.W.2d 744, 748 (Iowa 1983); State v. Hutchison, 341 N.W.2d 33, 41-42 (Iowa 1983); State v. Williams, 334 N.W.2d 742, 745-46 (Iowa 1983); State v. Ogilvie, 310 N.W.2d 192, 197 (Iowa 1981).
discussed Cited as authority (rule) State v. White
Iowa · 1983 · confidence medium
Our statement in State v. Williams, 334 N.W.2d 742, 746 (Iowa 1983), that “defendant is not precluded from urging additional grounds of ineffective assistance of counsel if those grounds depend on the opportunity to make an additional record in postconviction proceedings” must be read in the context of defendant’s brief in that case, which described in detail the nature of the other instances of claimed ineffective assistance defendant proposed to pursue in postconviction proceedings.
discussed Cited "see" Daniel J. Dawson v. State of Iowa
Iowa Ct. App. · 2019 · signal: see · confidence high
See State v. Williams, 334 N.W.2d 742, 745 (Iowa 1983) (finding prosecutor’s use of “I” during closing arguments was not misconduct because, “[v]iewed in context, all of the proecutor’s challenged remarks were obviously based on his view of the evidence.”); State v. Dunn, No. 15-0428, 2016 WL 3003374 , at *5 (Iowa Ct. App. May, 25, 2016) (recognizing the prosecutor’s use of “I” “brought to the jury’s 8 attention the individual point of view” but ruling it was not prosecutorial error when the statements were “related to the summation of the evidence” rather than “p…
discussed Cited "see" State of Iowa v. Alicia Ritenour
Iowa Ct. App. · 2016 · signal: see · confidence high
See State v. Williams, 334 N.W.2d 742, 745 (Iowa 1983) (finding failure to object may have been motivated by desire not to emphasize testimony).
STATE of Iowa, Appellee,
v.
Andrew WILLIAMS, Appellant
67895.
Supreme Court of Iowa.
Jun 15, 1983.
334 N.W.2d 742
Francis C. Hoyt, Appellate Defender, and Charles L. Harrington, Asst. Appellate Defender, Des Moines, for appellant., Thomas J. Miller, Atty. Gen., Michael K. Jordan, Asst. Atty. Gen., and Gregory E. Jones and Randy S. Hisey, Asst. County Attys., for appellee.
Uhlenhopp, Harris, McCormick, Larson, Carter.
Cited by 45 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Supreme Court of Iowa (1)
McCORMICK, Justice.

Defendant Andrew Williams appeals from his conviction by jury and sentences for first-degree kidnapping and second-degree sexual abuse. The questions are whether the trial court erred in refusing to instruct the jury to disregard expressions of personal opinion by the prosecutor during final argument and whether defendant was denied effective assistance of counsel. Because we find against defendant’s contentions on these questions, we affirm the trial court.

Defendant was charged with first-degree kidnapping and second-degree sexual abuse in separate counts of a trial information. The charges were based on allegations that defendant drove a woman to two separate locations in Sioux City during the night of July 15,1981, and forced her to perform sex acts with him.

The record shows that the case was prosecuted and submitted as if based on a single continuous occurrence. Under this court’s holding in State v. Whitfield, 315 N.W.2d 753, 755 (Iowa 1982), a sexual abuse offense is merged as a lesser included offense in a conviction of first-degree kidnapping that is based on the same sexual abuse offense. See Iowa Code § 701.9 (1983). When the record shows separate sex incidents, only one sexual offense is established if the incidents are treated as one overall occurrence for purposes of trial and conviction. State v. Newman, 326 N.W.2d 796, 803 (Iowa 1982); State v. Newman, 326 N.W.2d 788, 792 (Iowa 1982). Defendant did not raise this issue at trial or in his brief in this court. We therefore do not[*744] decide whether he is entitled to have his sexual abuse conviction nullified on this ground, and we have no occasion to determine whether a postconviction remedy is available to him.

I. Refusal of the instruction. Defendant contends that the prosecuting attorney expressed personal opinions concerning defendant’s guilt and credibility during .the State’s closing argument. The final arguments were reported, and the prosecutor’s closing argument contains several statements by the prosecutor of a personalized nature. Defense counsel objected to these remarks at the conclusion of the argument and requested a cautionary instruction. The court found nothing objectionable in the prosecutor’s argument and refused to admonish the jury. When the same ground was urged in support of a motion for new trial, the court again found it to be without merit.

The record included statements in which the prosecutor said defendant took the victim to a secluded area “in my opinion, in an attempt to avoid detection.” He also said, “I also think it is clear that she was subjected to sexual abuse.” At another point he said:

One other thing: the judge will also instruct you on some lesser included offenses that are included in the principal charges of sexual abuse in the second degree and kidnapping. It’s my opinion that you don’t need to worry about those lesser included offenses, because the State has, in my opinion, proved beyond a reasonable doubt all of the elements necessary to establish both sexual abuse in the second degree and kidnapping in the first degree.

In commenting on defendant’s testimony that he reached under his car seat to hide money rather than a knife at the time he was stopped by the police, the prosecutor noted the police testified only about finding a knife there. He added: “So it seems to me that the money didn’t exist. The knife existed, and that’s what Mr. Williams was attempting to do when he reached under the seat; to hide the knife.” At another point the prosecutor discussed defendant’s testimony that his physical contact with the victim was limited to an exchange of kisses. He said:

I find that hard to believe. I find that very hard to believe. I find it hard to believe that after that opening he didn’t do anything more. He testified he was rather sexually active. I find that story just a little bit hard to believe. I find it stretches my imagination.

Defendant alleges these remarks are examples of egregious prosecutorial misconduct.

The governing principle is stated in State v. Phillips, 226 N.W.2d 16, 19 (Iowa 1975), as follows:

Counsel is entitled to some latitude during closing argument in analyzing the evidence admitted in the trial. He may draw conclusions and argue all permissible inferences which may reasonably flow from the record which do not misstate the facts, [citations omitted]
Of course, counsel has no right to create evidence by his argument nor interject his personal beliefs. It is for the jury to determine the logic and weight of the conclusions drawn.

The key point is that counsel is precluded from using argument to vouch personally as to a defendant’s guilt or a witness’s credibility. This is true whether the personal belief is purportedly based on knowledge of facts not possessed by the jury, counsel’s experience in similar cases, or any ground other than the weight of the evidence in the trial. A defendant is entitled to have the case decided solely on the evidence.

The principle is expressed in DR 7-106{C) of the Iowa Code of Professional Responsibility for Lawyers:

In appearing in his professional capacity before a tribunal, a lawyer shall not:
(4) Assert his personal opinion as to the justness of a cause, as to the credibility of a witness, as to the culpability of a civil litigant, or as to the guilt or innocence of an accused; but he may argue, on his analysis of the evidence, for any position[*745] or conclusion with respect to the matters stated herein.

The same principle is incorporated in ABA Standards, The Prosecution Function, section 5.8 (Approved Draft 1971):

(a) The prosecutor may argue all reasonable inferences from evidence in the record. It is unprofessional conduct for the prosecutor intentionally to misstate the evidence or mislead the jury as to the inferences it may show.
(b) It is unprofessional conduct for the prosecutor to express his personal belief or opinion as to the truth or falsity of any testimony or evidence or the guilt of the defendant.
The prosecutor may strike hard blows but not foul ones. See State v. Viekroy, 205 N.W.2d 748, 750 (Iowa 1973).

Expressions of personal belief that are not stated as reasonable inferences from the record are barred because they are a form of “unsworn, unchecked testimony and tend to exploit the influence of [the prosecutor’s] office and undermine the objective detachment which should separate a lawyer from the cause for which he argues.” ABA Standards, The Prosecution Function, at 128. A lawyer must be sensitive to the distinction between zealous advocacy and misconduct:

The line between permissible and impermissible argument is a thin one. Neither advocate may express his personal opinion as to the justice of his cause or the veracity of witnesses. Credibility is solely for the triers, but an advocate may point to the fact that circumstances or independent witnesses give support to one witness or cast doubt on another. The prohibition goes to the advocate’s personally endorsing or vouching for or giving his opinion; the cause should turn on the evidence, not on the standing of the advocate, and the witnesses must stand on their own.

Id.

In the present case, we believe the prosecutor approached the line but did not cross it. The governing principle does not preclude all personalized remarks; it merely precludes those that do not appear to be based on the evidence. See State v. Odem, 322 N.W.2d 43, 47 (Iowa 1982); State v. Allison, 260 Iowa 176, 184, 147 N.W.2d 910, 914, cert. denied, 391 U.S. 906, 88 S.Ct. 1657, 20 L.Ed.2d 420 (1967); Annot., 88 A.L.R.3d 449, 469-91 (1978); Annot., 81 A.L.R.2d 1240, 1242-48 (1962). Viewed in context, all of the prosecutor’s challenged remarks were obviously based on his view of the evidence. He did not in any statement insinuate that his opinion was based on non-record facts nor can it fairly be said that he personally vouched against the credibility of defendant’s testimony.

It would have been better if the remarks were not personalized. They added nothing to the force of the prosecutor’s argument. Yet the remarks did not change the substance of the argument, and we agree with the trial court that misconduct was not shown. Therefore the court did not err in refusing the requested instruction or in denying the motion for new trial based on the same ground.

II. Effectiveness of counsel. Defendant asserts he was denied his federal constitutional sixth and fourteenth amendment right to counsel by failure of trial counsel to preserve alleged error on several occasions during trial. This court has recognized that a failure to preserve error may be sufficiently grievous that it denies a defendant his constitutional right to effective assistance of counsel. See Washington v. Scurr, 304 N.W.2d 231, 235 (Iowa 1981). The applicable standard is stated in Hinkle v. State, 290 N.W.2d 28, 30 (Iowa 1980), and will not be repeated here.

We have reviewed the alleged errors relied on by defendant and find that they do not demonstrate ineffective representation. Failure to object or to move to strike certain evidence may well have been motivated by a desire not to emphasize the allegedly objectionable testimony. In any event, even if the omissions were not strategic, they were not sufficiently serious to affect defendant’s substantial rights. Thus[*746] they did not rise to the level of a deprivation of his right to effective counsel. See Snethen v. State, 308 N.W.2d 11, 14 (Iowa 1981).

Defendant wishes to reserve the right to assert other grounds of counsel’s ineffectiveness in a postconviction action. The postconviction avenue is available when the record on direct appeal is inadequate to present the issue. See State v. Kellogg, 263 N.W.2d 539, 544 (Iowa 1978). Therefore defendant is not precluded from urging additional grounds of ineffective assistance of counsel if those grounds depend on the opportunity to make an additional record in postconviction proceedings.

AFFIRMED.