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Terrace Perkins
v.
State of Iowa
Appellant
Terrace Perkins
Appellee
State of Iowa
Attorney for the Appellant
Thomas Hurd
Attorney for the Appellee
Tyler J. Buller, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge. AFFIRMED. Considered by Doyle, P.J., Tabor, J., and Scott, S.J. Opinion by Doyle, P.J. (5 pages)
Terrace Perkins appeals the denial of his application for postconviction relief (PCR). On appeal, he argues his trial counsel provided ineffective assistance in orally arguing an erroneous sufficiency-of-the-evidence standard instead of the appropriate weight-of-the-evidence standard in support of Perkins’s motion for new trial. In denying the application, the PCR court determined Perkins failed to prove both the breach of duty and prejudice elements. OPINION HOLDS: We agree with the PCR court’s conclusions and affirm.
