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Case No. 18-0983

Albert Johnson III
State of Iowa


Albert Johnson III


State of Iowa

Attorneys for Appellant

Zeke R. McCartney

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 04, 2020

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Bower, C.J., Mullins, J., and Vogel, S.J.  Opinion by Mullins, J.  (14 pages)

            Albert Johnson appeals the denial of his application for postconviction relief (PCR).  He makes several claims of ineffective assistance of counsel and prosecutorial misconduct.  OPINION HOLDS: Trial counsel was not ineffective in failing to object to police testimony outside the scope of the minutes of evidence, a joint-criminal-conduct jury instruction, and multiple improprieties allegedly committed by the State during closing arguments.  Appellate counsel was not ineffective in failing to argue the speedy-trial waiver was involuntary because no duty was breached.  PCR claims related to failure to develop a record are unsuccessful because of Johnson’s failure to sufficiently identify error for this court to review and claims regarding violations of the rules of professional conduct fail because no prejudice has resulted.  Johnson presented no sufficient cause for failing to raise prosecutorial misconduct on direct appeal.  Therefore, we need not reach the merits of the prosecutorial-misconduct claims. 

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