Nicholas Michael Haner
v.
State of Iowa
Appellant
Nicholas Michael Haner
Appellee
State of Iowa
Attorney for the Appellant
Brian Scott Munnelly
Attorney for the Appellee
Joshua Henry, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ. Opinion by Sandy, J. (6 pages)
Nicholas Haner appeals the district court’s denial of his application for postconviction relief arguing that the sentence imposed amounts to cruel and unusual punishment because he was only twenty years old at the time of the crime and that his attorney was infective for “failing to request an opportunity to present evidence of the underdeveloped adolescent brain or evidence of brain damage from excessive use of drugs during his adolescence.” OPINION HOLDS: Because Haner was not entitled to juvenile sentencing and has failed to provide an explanation for how he was prejudiced by his trial counsel’s alleged ineffectiveness, we affirm.
