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Case No. 18-1125

John Winston Lusk
v.
State of Iowa

Appellant

John Winston Lusk

Appellee

State of Iowa

Attorney for the Appellant

Priscilla E. Forsyth

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1125
Date Published:
May 01, 2019
Summary

            Appeal from the Iowa District Court for Floyd County, Christopher Foy, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (5 pages)

            John Lusk appeals the denial of his application for postconviction relief, for the first time raising claims that his postconviction-relief counsel provided ineffective assistance.  OPINION HOLDS: Lusk’s complaints concerning postconviction counsel do not rise to the level of structural error.  In order to resolve questions concerning the performance of his postconviction counsel, Lusk must file a separate application for postconviction relief promptly following this appeal.

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