Onterier Diran Brown
v.
State of Iowa
Appellant
Onterier Diran Brown
Appellee
State of Iowa
Attorney for the Appellant
Thomas Hurd
Attorney for the Appellee
Benjamin Parrott, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED. Considered by Bower, C.J., Tabor, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (10 pages)
Onterier Brown appeals the denial of his application for postconviction relief (PCR). As he did to the PCR court, Brown claims appellate counsel provided ineffective assistance by not raising the issue of whether the district court was wrong to overrule trial counsel’s objection to alleged improper burden shifting by the prosecutor during closing argument. OPINION HOLDS: We cannot say appellate counsel would have obtained a favorable ruling if she raised the burden-shifting issue on appeal. So, she had no duty to do so, and Brown’s claim of ineffective assistance fails. We affirm the denial of his PCR application.
