State of Iowa v. Kyle Robert Hough
CourtCourt of Appeals of Iowa
Date FiledAugust 19, 2026
Docket25-0788
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-0788
Filed August 19, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Kyle Robert Hough,
Defendant–Appellant.
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Appeal from the Iowa District Court for Woodbury County,
The Honorable Tod Deck, Judge.
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AFFIRMED
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Grant C. Gangestad of Gourley, Rehkemper & Lindholm PLC, West Des
Moines, attorney for appellant.
Brenna Bird, Attorney General, and Katherine Wenman, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Greer, P.J., and Buller and Langholz, JJ.
Opinion by Buller, J.
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BULLER, Judge.
Kyle Hough appeals his convictions for sexual abuse and lascivious
acts with a child. He asks us to reverse the district court ruling declining to
grant him a new trial. Applying a deferential standard of review, we affirm.
Our review in this appeal is tightly constrained. Our role “is limited to
a review of the exercise of discretion by the trial court, not of the underlying
question of whether the verdict is against the weight of the evidence.” State
v. Reeves, 670 N.W.2d 199, 203 (Iowa 2003). We reverse only where “the
district court exercised its discretion on grounds or for reasons clearly
untenable or to an extent clearly unreasonable.” Id. at 202. Because the
underlying merits are not before us, much of the briefing—how believable
was the victim, how material were alleged inconsistencies—is misplaced.
With our limited role in mind, we turn briefly to the facts of the offense.
Hough and his then-wife adopted the victim. Hough and the mother
later divorced, and the victim split time between their homes. The victim
eventually disclosed to her mother that Hough had been “doing sexual
things” to her from when she was six until when she was ten. She said Hough
“stuck his thing her mouth and in her butt once.” At trial, the victim
described Hough directing her to masturbate his penis “fortyish” times
(telling her to do it “harder,” “keep going,” and “stroke” his penis), placed
his hand on her vaginal area and his penis on her mouth multiple times each,
and sometimes ejaculated into her mouth and told her to swallow. The victim
remembered her dog—Honey—barking, that she didn’t want to touch
Hough, that she cried, and that his “private part” was “gross and, like,
hairy.” She also described Hough showing her pornography—he said to
“copy them”—and attempting to penetrate her anally with his penis.
According to the victim, the anal assault happened in a bathroom with a gray
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rug. Hough told the victim not to tell anyone, that it was their “little secret,”
and that he would hurt the victim’s mother if the victim reported the abuse.
A Woodbury County jury found Hough guilty as charged: one count
of sexual abuse in the second degree, a class “B” felony in violation of Iowa
Code section 709.3(1)(b) (2017), and lascivious acts with a child, a class “C”
felony in violation of section 709.8(1)(b). Hough moved for a new trial, which
the district court denied before sentencing him to concurrent prison terms.
Hough seeks to relitigate the new-trial ruling because he disagrees with
it. Because we cannot revisit the merits of the ruling, we generously construe
the briefing and understand Hough to allege an abuse of discretion on three
aspects of the ruling: evidence about the rug, the credibility of the victim, and
an alleged lack of corroborating evidence.
As to the first, Hough’s argument is premised on post-trial claims
about the bathroom rug’s date of manufacture. His motion for new trial was
predicated solely on weight of the evidence—not newly discovered evidence.
But he included a footnote with a hyperlink to the mat manufacturer’s
website, apparently to support his claim the mat was not in the home during
the relevant time period. Whatever Hough’s post-trial hyperlink footnote
may be, it is not evidence. It does not appear to have been considered by the
district court in ruling on the motion for new trial, and we do not consider it
either. In our view, it is another example of outside-the-record materials
being injected into the courts outside the fact-finding function. See Iowa R.
App. P. 6.801 (defining the record on appeal); State v. Lloyd, No. 25-0280,
2026 WL 2110744, at *6 (Iowa Ct. App. July 22, 2026) (collecting cases). To
the extent we can consider Hough’s belated reply-brief request we take
judicial notice of the website, we decline. An internet search is not a
substitute for the truth-seeking function of litigation. And more broadly, we
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discern no error in the district court’s handling of this issue to the extent it
touches on weight of the evidence. Given the verdict returned here, a district
court would have discretion to deny a new trial even if Hough had partially
undermined one out of forty-plus credibly-described acts of sexual abuse.
Second, Hough claims we should reverse because the victim’s
testimony was allegedly inconsistent. The district court disagreed, and that
court was in a superior position to evaluate credibility. Substituting our
judgment is exactly the kind of review we are forbidden to conduct. Reeves,
670 N.W.2d at 203. And even if we were allowed to do so, we wouldn’t: what
Hough claims are inconsistencies are largely mistaken dates (difficult for
children and many adult witnesses), differences in word choice, and collateral
matters. As our supreme court put it, “A person should not be able to escape
punishment for such a disgusting crime because he has chosen to take carnal
knowledge of an infant too young to testify clearly as to the time and details
of such shocking activity.” State v. Rankin, 181 N.W.2d 169, 172 (Iowa 1970).
Third, Hough asserts the lack of corroborating physical evidence
justifies displacing the district court’s ruling. We disagree. “Iowa law
abandoned the corroboration requirement more than fifty years ago. And for
good reason: This requirement for corroborating evidence plays on long-held
myths that rape victims—and women more generally—cannot be trusted.”
State v. Lang, 30 N.W.3d 757, 764 (Iowa Ct. App. 2025) (en banc) (cleaned
up). While the lack of corroborating evidence may be one consideration
among many when a district court rules on a motion for new trial, we cannot
say the district court abused its discretion declining to grant a new trial here.
AFFIRMED.
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