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Case No. 18-0930

Jose Luis Aguilar Olvera
State of Iowa


Jose Luis Aguilar Olvera


State of Iowa

Attorney for the Appellant

Michael H. Johnson

Attorney for the Appellee

Sharon K. Hall, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 21, 2019

            Appeal from the Iowa District Court for Emmet County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (11 pages)

            Jose Luis Aguilar Olvera appeals the district court’s denial of his application for postconviction relief, alleging his trial attorneys were ineffective in allowing him to submit blood and saliva samples under a nontestimonial identification order.  OPINION HOLDS: Because the district court’s order did not violate Aguilar’s due-process rights, Aguilar did not prove his attorneys performed below professional norms by not objecting to the corresponding procedures.  We thus affirm the denial of postconviction relief.

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