James Earl Shepard
v.
State of Iowa
Appellant
James Earl Shepard
Appellee
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:
Summary
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.
