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Case No. 21-1490

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:
21-1490
Date Published:
May 07, 2025
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.   

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