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Case No. 20-0560

Brian Kelly Allison
v.
State of Iowa

Appellant

Brian Kelly Allison

Appellee

State of Iowa

Attorneys for Appellant

R.E. Breckenridge

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0560
Date Published:
Oct 06, 2021
Summary

            Appeal from the Iowa District Court for Keokuk County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            Brian Allison appeals from the denial of his second application for postconviction relief (PCR).  He argues (1) the district court wrongly concluded his first PCR appellate counsel did not provide ineffective assistance in declining to raise an issue on appeal and (2) the district court should have found a change in law about expert testimony and bolstering credibility rendered certain trial testimony inadmissible and warrants a new trial.  OPINION HOLDS: Allison’s trial counsel did not breach an essential duty in deciding not to attack a witness’s credibility with allegations that witness perpetrated sexual abuse, so Allison’s first PCR appellate counsel had no reason to challenge the first PCR court’s ruling on appeal.  And State v. Dudley, 856 N.W.2d 668 (Iowa 2014) did not announce a new ground of law, so Allison’s second claim also fails.  We affirm the denial of Allison’s second PCR application.

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