David Moses Weltman
v.
State of Iowa
Appellant
David Moses Weltman
Appellee
State of Iowa
Attorney for the Appellant
Gary Dickey
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge. AFFIRMED. Considered by Greer, P.J., and Ahlers and Badding, JJ. Opinion by Ahlers, J. (17 pages)
David Weltman appeals from the denial of his application for postconviction relief (PCR). He claims that the PCR court abused its discretion when it did not admit certain exhibits and should have concluded that his criminal trial counsel provided him with ineffective assistance in a number of respects. He argues that his criminal trial counsel’s ineffective assistance resulted in prejudice under each of his claims as well as cumulatively. OPINION HOLDS: We agree with Weltman that the PCR court abused its discretion when it did not admit the exhibits. However, because the PCR court also ruled in the alternative, we need not reverse or remand for further proceedings. Weltman failed to establish that his criminal trial counsel was ineffective in any respect. As such he cannot establish any prejudice, cumulatively or otherwise. We affirm the PCR court’s denial of Weltman’s PCR application.
