Leon Devon Brand Jr.
v.
State of Iowa
Appellant
Leon Devon Brand Jr.
Appellee
State of Iowa
Attorney for the Appellant
Heidi Miller
Attorney for the Appellee
Nicholas E. Siefert, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge. AFFIRMED. Considered by Ahlers, P.J., and Chicchelly, and Buller, JJ. Opinion by Ahlers, P.J. (7 pages)
Leon Brand appeals the denial of his postconviction-relief application, alleging his counsel was ineffective for not appearing at a hearing to reconsider his sentence and for not investigating the disciplinary report that formed the basis for the court’s decision to decline to reconsider his sentence. OPINION HOLDS: Brand has not proved his counsel breached an essential duty by failing to appear and argue at a nonexistent hearing or by failing to investigate a prison disciplinary report. He also failed to establish prejudice. As a result, we affirm.