Calvin Orlando Hoskins
v.
State of Iowa
Appellant
Calvin Orlando Hoskins
Appellee
State of Iowa
Attorney for the Appellant
Jeremy L. Merrill
Attorney for the Appellee
Benjamin Parrott, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
