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Case No. 17-1797

Calvin Orlando Hoskins
v.
State of Iowa

Appellant

Calvin Orlando Hoskins

Appellee

State of Iowa

Attorneys for Appellant

Jeremy L. Merrill

Attorneys for Appellee

Benjamin Parrott, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1797
Date Published:
Feb 06, 2019
Summary

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (6 pages)

            Calvin Hoskins appeals the denial of his application for postconviction relief (PCR).  He contends: (1) the district court erred in denying relief on his claim the State committed a Brady violation in conjunction with his prosecution and (2) his PCR counsel was ineffective in not arguing his trial attorney rendered ineffective assistance in not moving to suppress evidence obtained as a result of a warrantless search of his person.  OPINION HOLDS: We conclude Hoskins failed to preserve error on his Brady claim or, alternatively, he failed to meet his burden.  We find the record inadequate to consider the ineffective-assistance claim as to PCR counsel.  We affirm the denial of Hoskins’s PCR application, but preserve his ineffective-assistance claim for a possible successive proceeding. 

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