1 IN THE IOWA DISTRICT COURT FOR DES ... - TownNews.com

More documents

Recommendations

Info

4. When the State filed its Answer, it did not assert a statute of limitations defense. This defense was first raised in a Motion For Summary Judgment filed February 22, 2010. At the time, there was considerable confusion about the particular grounds for relief alleged by McGhee. This Court is not certain the precise grounds for relief have since been more definitively identified, with the possible exception of the allegation relating to the alleged failure to disclose exculpatory evidence. Nevertheless, it is clear that McGhee claims his trial counsel was ineffective. This Court chooses to decide McGhee’s claims on the merits. A. WHETHER TRIAL COUNSEL WAS INEFFECTIVE 1. Principles Of Ineffective Assistance Of Counsel The principles relating to ineffective assistance of counsel are well established. To prevail on an ineffective-assistance-of-counsel claim, a defendant must show: “(1) counsel failed to perform an essential duty; and (2) prejudice resulted.” State v. Maxwell, 743 N.W. 2d 185, 195 (Iowa 2008). Proof of the first prong of this claim requires a showing that counsel’s performance fell outside the normal range of competency. “Trial counsel’s performance is measured objectively by determining whether counsel’s assistance was reasonable, under prevailing professional norms, considering all the circumstances.” State v. Vance, 790 N.W. 2d 775, 785 (Iowa 2010) (quoting State v. Lyman, 776 N.W. 2d 865, 878 (Iowa 2010)). Proof of the second prong requires a showing by the applicant of a reasonable probability that, but for counsel’s unprofessional errors, the results of the proceeding would have been different. State v. Artzer, 609 N.W. 2d 526, 531 (Iowa 2000). “In determining whether this standard has been met, the Court must consider the totality of 8
the evidence, what factual findings would have been affected by counsel’s errors, and whether the effect was pervasive or isolated and trivial.” State v. Graves, 668 N.W. 2d 860, 882 – 83 (Iowa 2003) (citing Strickland v. Washington, 466 U. S. 668, 695 – 96, 104 S.Ct. 2052, 2069, 80 L. Ed. 2d 674, 698 (1984)). “[I]t is the defendant’s burden to demonstrate a reasonable probability of a different result.” State v. Reynolds, 746 N.W. 2d 837, 845 (Iowa 2008). Claims of ineffective assistance involving tactical or strategic decisions of counsel must be examined in light of all the circumstances to ascertain whether the actions were a product of tactics or inattention to the responsibilities of an attorney guaranteed a defendant under the Sixth Amendment.” Anfinson v. State, 758 N.W. 2d 496, 501 (Iowa 2008) (quoting Ledezma v. State, 626 N.W. 2d 134, 143 (Iowa 2001)). No person has a constitutional right to a perfect trial. Trial counsel Darbyshire represented McGhee on direct appeal. Darbyshire did not allege he was ineffective at trial. This Court is uncertain whether McGhee has ever before alleged that his trial counsel was ineffective. Significantly, he has not alleged that Darbyshire was ineffective for not asserting more grounds for relief on direct appeal such as the suggestiveness of the police lineup or photo identifications. 2. Alberta Taylor McGhee claims his trial counsel failed to properly investigate the background of State witness Alberta Taylor. See McGhee Deposition page 13, lines 3 – 19. McGhee testified he knew Ms. Taylor at the time of his trial. He further stated he knew her reputation. He was not asked whether he conveyed his knowledge to his attorney. 9
Page 1 and 2: FILED 02/15/2013 10:40AM CLERK DIST
Page 3 and 4: McGhee’s rights under the Fifth a
Page 5 and 6: transcript (one volume). Final argu
Page 7: d) failed to investigate the use of
Page 11 and 12: McGhee also asserts the State faile
Page 13 and 14: defense, the result of the proceedi
Page 15 and 16: identification. (emphasis added) Tr
Page 17 and 18: The police reports introduced into
Page 19 and 20: The Court continued: “Indeed, the
Page 21 and 22: These questions arguably amount to
Page 23: Dated and signed this 15 th day of

1 IN THE IOWA DISTRICT COURT FOR DES ... - TownNews.com

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?