Taevon Washington
v.
State of Iowa
Appellant
Taevon Washington
Appellee
State of Iowa
Attorney for the Appellant
Jamie Hunter
Attorney for the Appellee
Genevieve Reinkoester, 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, Melissa Anderson-Seeber, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ. Buller, J., takes no part. Opinion by Langholz, J. (3 pages)
Taevon Washington appeals the denial of postconviction relief from his two convictions for third-degree sexual abuse. He argues that he received ineffective assistance of counsel at his criminal trial because his attorneys failed to challenge the incapacity element of third-degree sexual assault and that he is actually innocent. OPINION HOLDS: Washington cannot relitigate the same ineffective-assistance-of-counsel claim that we already considered and rejected on his direct appeal. And he has failed to satisfy his demanding burden to prove his actual innocence. We thus affirm with a memorandum opinion under Iowa Court Rule 21.26.