Quintin Demilo Clemons
v.
State of Iowa
Appellant
Quintin Demilo Clemons
Appellee
State of Iowa
Attorney for the Appellant
Mark C. Meyer
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 Scott County, Meghan Corbin, Judge. AFFIRMED. Considered by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Langholz, J. (13 pages)
Quintin Clemons appeals the denial of his application for postconviction relief claiming that he received ineffective assistance of counsel because his attorney failed to move to suppress evidence seized in a warrantless search. OPINION HOLDS: On our de novo review, we agree with the district court that Clemons failed to prove a breach of an essential duty because a motion to suppress the evidence would have been meritless. The evidence was initially found in a lawful pat-down search. And then it was not actually removed from his pocket and seized until later during a search incident to his arrest. So we affirm the denial of Clemons’s application for postconviction relief.
