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Case No. 16-2112

Jimmy Dean Stevens
v.
State of Iowa

Appellant

Jimmy Dean Stevens

Appellee

State of Iowa

Attorney for the Appellant

Geneva L. Williams

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
16-2112
Date Published:
Nov 07, 2018
Summary

           Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (12 pages)

            Jimmy Stevens appeals the district court’s denial of his application for postconviction relief (PCR), contending the district court erred in concluding retroactive application of Rhoades v. State, 848 N.W.2d 22 (Iowa 2014), is not required by the due process clause of the state constitution and the equal protection clauses of the federal and state constitutions.  Alternatively, he argues his PCR counsel rendered ineffective assistance in failing to urge retroactive application of Rhoades on nonconstitutional common law grounds.  OPINION HOLDS: We find Stevens was not denied due process or equal protection and PCR counsel was not ineffective as alleged.  We affirm the district court’s denial of Stevens’s PCR application. 

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