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Case No. 23-1449

Jon Arthur Dieckmann
v.
State of Iowa

Appellant

Jon Arthur Dieckmann

Appellee

State of Iowa

Attorney for the Appellant

Jamie Hunter

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1449
Date Published:
Oct 30, 2024
Summary

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Tabor, C.J.  (14 pages)

            After a jury found him guilty of attempted burglary in the second degree and possession of burglar’s tools, Jon Dieckmann appeals the denial of his application for postconviction relief.  He claims that his trial counsel was ineffective in four ways: (1) by not introducing evidence that he purchased business cards to show he was soliciting jobs as a handyman; (2) by not moving for mistrial after the homeowner testified to inadmissible hearsay; (3) by not objecting to the marshaling instruction for attempted burglary in the second degree; and (4) through cumulative error.  OPINION HOLDS: After our de novo review, we find that denial of relief was proper on all four claims.  So, we affirm.

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