David Joseph Moffitt
v.
State of Iowa
Appellant
David Joseph Moffitt
Appellee
State of Iowa
Attorneys for the Appellant
David Joseph Moffitt, self-represented
Daniel M. Northfield (until withdrawal)
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 without oral argument by Greer, P.J., Langholz, J., and Vogel, S.J. Opinion by Vogel, S.J. (10 pages)
David Moffitt appeals the denial of postconviction relief, arguing his criminal defense counsel should have pursued diminished-responsibility and intoxication defenses during his trial on first-degree murder and first-degree robbery charges. OPINION HOLDS: Because Moffitt failed to develop or obtain a ruling on his intoxication argument below, error is not preserved on that issue. As for diminished responsibility, counsel did not breach any essential duty in forgoing the defense, as counsel reasonably concluded that the evidence at trial could not support the defense.