Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1896

Dominic Clester
State of Iowa


Dominic Clester


State of Iowa

Attorney for the Appellant

Timothy J. Tupper

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 20, 2019

            Appeal from the Iowa District Court for Muscatine County, Mark J. Smith, Judge.  REVERSED AND REMANDED. Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Dominic Clester appeals the district court’s dismissal of his application for postconviction relief as a discovery sanction after his appointed postconviction counsel failed to comply with the court’s order to compel discovery responses.  OPINION HOLDS: Because the district court made no finding of willfulness, bad faith, or fault, and did not consider the propriety of lesser sanctions, we find the court abused its discretion in dismissing Clester’s postconviction-relief application as a discovery sanction.

© 2023 Iowa Judicial Branch. All Rights Reserved.