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Case No. 17-1603

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:
17-1603
Date Published:
Feb 06, 2019
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.

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