Bruce Allen Rankin
v.
State of Iowa
Appellant
Bruce Allen Rankin
Appellee
State of Iowa
Attorney for the Appellant
Susan R. Stockdale
Attorney for the Appellee
Tyler J. Buller, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
