Yarvon N. Russell
v.
State of Iowa
Appellant
Yarvon N. Russell
Appellee
State of Iowa
Attorney for the Appellant
Nicholas J. Einwalter
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeff Farrell, Judge. AFFIRMED. Considered by Ahlers, P.J., and Badding and Chicchelly, JJ. Opinion by Chicchelly, J. (8 pages)
Yarvon Russell appeals the denial of his application for postconviction relief, alleging three claims of ineffective assistance of trial counsel, as well as a claim of actual innocence. OPINION HOLDS: I. Two of Russell’s ineffective-assistance claims are too speculative to find prejudice. Aggregating all three alleged errors does not lead us to find a reasonable probability that the result would have changed if counsel had performed differently. II. Russell has not shown by clear and convincing evidence that no reasonable fact finder could convict him to establish his actual innocence.
