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Case No. 19-1242

Carloss Robinson
v.
State of Iowa

Appellant

Carloss Robinson

Appellee

State of Iowa

Attorneys for Appellant

Webb L. Wassmer

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1242
Date Published:
Aug 04, 2021
Summary

            Appeal from the Iowa District Court for Linn County, Lars Anderson, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (12 pages)

            Robinson raises three issues on appeal.  First, he contends the prosecutor’s closing argument comments on Robinson’s credibility that his trial testimony was “ludicrous,” “ridiculous,” and “bogus” were improper and prejudicial.  Second, he argues his trial counsel provided ineffective assistance of counsel by failing to object to State’s evidence of “prayer” by Robinson during his police interview.  Third, he contends the PCR court misconstrued Iowa Code section 81.8(5) (2019) in denying Robinson’s request for a DNA sample.  OPINION HOLDS:  Robinson failed to preserve error on the prosecutorial misconduct issue, but even had he preserved error we find no ineffective assistance on the part of his counsel in failing to object to the prosecutor’s comments.  His ineffective-assistance-of-counsel claim about the “prayer” lacks merit.  Robinson is not entitled to DNA records under Iowa Code section 81.8(4)-(5).  Thus, we affirm the denial of Robinson’s PCR application.               

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