Mario A. McCullum
v.
State of Iowa
Appellant
Mario A. McCullum
Appellee
State of Iowa
Attorney for the Appellant
Angela Campbell
Attorney for the Appellee
Aaron Rogers, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Margaret L. Lingreen, Judge. REVERSED AND REMANDED. Considered by Potterfield, P.J., Danilson, S.J., and Scott, S.J. Opinion by Danilson, S.J. (7 pages)
Mario McCullum challenges the summary dismissal of his second application for post-conviction relief (PCR), contending counsel was ineffective in properly presenting his claims of ineffective assistance of trial counsel. OPINION HOLDS: In light of recent case law, as well as the PCR court’s acknowledgement that McCullum’s claim is not the same as previously raised and the caution with which summary dismissals are to be granted, we conclude the district court erred in summarily dismissing McCullum’s PCR application. We remand for further proceedings.
