Derrick Deondre Daniels
v.
State of Iowa
Appellant
Derrick Deondre Daniels
Appellee
State of Iowa
Attorney for the Appellant
Gary Dickey
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Ahlers, J. (7 pages)
Derrick Daniels appeals the district court order dismissing his second postconviction-relief (PCR) application on the State’s motion to dismiss. The district court concluded Daniels’s illegal-sentence claim was without merit, and the other grounds raised in the second application had already been adjudicated in Daniels’s first PCR application and were thus barred under Iowa Code section 822.8 (2019). On appeal, Daniels argues his prior appellate and first PCR counsel were ineffective in failing to raise a due-process challenge related to the admission of the video recording in which Daniels made incriminating statements. OPINION HOLDS: The issue raised in this appeal was finally adjudicated on appeal in Daniels’s first PCR application. As noted, our court has already determined Daniels cannot prevail on a PCR action based on ineffective assistance of counsel related to admission of the video recording because Daniels cannot show prejudice from the video’s admission. Therefore, his claim of ineffective assistance of counsel in this action based on admission of the video recording fails because that issue has already been resolved on the merits.
