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Case No. 19-1141

Terrace Perkins
v.
State of Iowa

Appellant

Terrace Perkins

Appellee

State of Iowa

Attorney for the Appellant

Thomas Hurd

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1141
Date Published:
Nov 30, 2020
Summary

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Doyle, P.J., Tabor, J., and Scott, S.J.  Opinion by Doyle, P.J.  (5 pages)

            Terrace Perkins appeals the denial of his application for postconviction relief (PCR).  On appeal, he argues his trial counsel provided ineffective assistance in orally arguing an erroneous sufficiency-of-the-evidence standard instead of the appropriate weight-of-the-evidence standard in support of Perkins’s motion for new trial.  In denying the application, the PCR court determined Perkins failed to prove both the breach of duty and prejudice elements.  OPINION HOLDS: We agree with the PCR court’s conclusions and affirm.   

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