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Case No. 18-0930

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

Jose Luis Aguilar Olvera
v.
State of Iowa

Appellant

Jose Luis Aguilar Olvera

Appellee

State of Iowa

Attorneys for Appellant

Michael H. Johnson

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0930
Date Published:
Aug 21, 2019
Summary

            Appeal from the Iowa District Court for Emmet County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (11 pages)

            Jose Luis Aguilar Olvera appeals the district court’s denial of his application for postconviction relief, alleging his trial attorneys were ineffective in allowing him to submit blood and saliva samples under a nontestimonial identification order.  OPINION HOLDS: Because the district court’s order did not violate Aguilar’s due-process rights, Aguilar did not prove his attorneys performed below professional norms by not objecting to the corresponding procedures.  We thus affirm the denial of postconviction relief.

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