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Case No. 20-0753

Bruce Allen Rankin
v.
State of Iowa

Appellant

Bruce Allen Rankin

Appellee

State of Iowa

Attorneys for Appellant

Susan R. Stockdale

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0753
Date Published:
Jun 16, 2021
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Bruce Rankin appeals from a district court ruling denying him postconviction relief, asserting his trial counsel was ineffective in failing to request the court conduct a colloquy to determine whether his waiver of his right to testify was knowing and voluntary.  OPINION HOLDS: In Schertz v. State, 380 N.W.2d 404, 415 (Iowa 1985), our supreme court held trial courts are not required to conduct a colloquy concerning a defendant’s decision whether or not to testify.  Because Rankin’s counsel was not required to raise a meritless claim, his ineffective-assistance-of-counsel claim fails.

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