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Case No. 16-1921

For summaries from opinions prior to August, 2018, view PDF versions here

Carlston Frederick Donald
v.
State of Iowa

Appellant

Carlston Frederick Donald

Appellee

State of Iowa

Attorneys for Appellant

John G. Daufeldt

Attorneys for Appellee

Darrel Mullins, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
16-1921
Date Published:
Aug 15, 2018
Summary

           Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (9 pages)

           Carlston Donald appeals the district court’s denial of his application for postconviction relief.  He argues his appellate counsel was ineffective in failing to (1) challenge the weight of the evidence underlying the conviction and (2) file a proof brief or follow the protocol for frivolous appeals contained in Iowa Rule of Appellate Procedure 6.1005 (2009).  OPINION HOLDS: We conclude appellate counsel was not ineffective in declining to challenge the weight of the evidence and Donald did not preserve error on his claim concerning rule 6.1005.  We affirm the denial of his application for postconviction relief. 

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