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Case No. 19-0447

James Earl Shepard
State of Iowa


James Earl Shepard


State of Iowa

Attorney for the Appellant

Lauren M. Phelps

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 27, 2019

            Appeal from the Iowa District Court for Clinton County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            James Shepard appeals following the denial of his second application for postconviction relief.  Shepard argues the postconviction court erred in finding he was not prejudiced by trial counsel’s and first postconviction counsel’s ineffective assistance.  He also argues his second postconviction counsel was ineffective in not raising an equal protection challenge.  OPINION HOLDS: We agree with the district court that Shepard has not proved the requisite prejudice.  Because the ineffective assistance of second postconviction counsel was not raised below, we do not address it here. We affirm.

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