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Case No. 17-1998

Joshua James Mullen
State of Iowa


Joshua James Mullen


State of Iowa

Attorney for the Appellant

Drew H. Kouris

Attorney for the Appellee

Thomas J. Ogden, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 06, 2019

            Appeal from the Iowa District Court for Cass County, James S. Heckerman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (9 pages)

            Joshua Mullen appeals the denial of his application for postconviction relief (PCR).  He contends the district court erred in denying him relief on his claims his trial counsel rendered ineffective assistance in (1) failing to withdraw due to a conflict of interest and (2) allowing him to plead guilty.  OPINION HOLDS: We conclude Mullen failed to preserve error on his claim counsel was ineffective in failing to withdraw in light of a conflict of interest.  To the extent he raises a claim of structural error as to PCR counsel, his argument is insufficient to facilitate our review, and we do not consider it.  Mullen may challenge the effectiveness of PCR counsel if he files another PCR application promptly after the issuance of procedendo.  We affirm the denial of relief on Mullen’s plea-related claims.

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