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Case No. 21-0229

Dante Kwan Rhodes
v.
State of Iowa

Appellant

Dante Kwan Rhodes

Appellee

State of Iowa

Attorneys for Appellant

Mary K. Conroy, Assistant Appellate Defender

Attorneys for Appellee

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0229
Date Published:
Mar 02, 2022
Summary

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (13 pages)

            Dante Rhodes appeals the denial of his application for postconviction relief (PCR) following his conviction for two counts of delivery of a controlled substance (heroin).  Rhodes re-raises the same claims he raised to the district court, arguing he received ineffective assistance from trial counsel when counsel failed to move (1) for dismissal of the underlying criminal charges because the statute of limitations had lapsed and (2) for suppression of evidence obtained during the execution of a search warrant that was not supported by probable cause.  OPINION HOLDS: Rhodes failed to prove the motions would have been successful, so we cannot find counsel had a duty to pursue them and Rhodes’s claims of ineffective of assistance of counsel fail.  We affirm the district court’s denial of his application for PCR.    

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