James Robert Ernst II
v.
State of Iowa
Appellant
James Robert Ernst II
Appellee
State of Iowa
Attorney for the Appellant
Karmen Anderson
Attorney for the Appellee
Linda J. Hines, 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, Andrea J. Dryer, Judge. AFFIRMED. Considered by Chicchelly, P.J., Buller, J., and Bower, S.J. Opinion by Bower, S.J. (13 pages)
James Ernst appeals the district court’s denial of his application for postconviction relief (PCR) following his 2016 conviction of first-degree murder. Ernst claims his trial counsel was ineffective by failing to strike a juror for cause, failing to locate and depose State and defense witnesses, failing to object to the prosecutor’s closing statement that he asserts amounted to misconduct, failing to object to a defense witness who testified while attired in inmate clothing along with handcuffs and shackles, and for failing to request a spoliation instruction concerning a lost video. Also, Ernst claims his PCR counsel was ineffective by failing to contact or investigate witnesses who would have testified at the PCR hearing. OPINION HOLDS: Upon our review, we affirm.
