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Case No. 21-0878

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

Ryan Lamar Beard, Jr.
v.
State of Iowa

Appellant

Ryan Lamar Beard, Jr.

Appellee

State of Iowa

Attorneys for Appellant

Josh Irwin, Assistant Appellate Defender

Attorneys for Appellee

Kyle Hanson, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0878
Date Published:
Jun 15, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. Special Concurrence by Tabor, P.J. (7 pages)

            Ryan Beard appeals from the denial of his postconviction relief (PCR) application, claiming his counsel was ineffective.  OPINION HOLDS: Giving weight to the PCR court’s credibility findings and finding no breach of an essential duty, we affirm the denial of Beard’s PCR application. SPECIAL CONCURRENCE ASSERTS: Like the majority, I would affirm the denial of postconviction relief, but I would do so on the prejudice prong of Strickland v. Washington, 466 U.S. 668, 686 (1984).  Unlike the majority, I do not believe that trial counsel pursued a reasonable strategy.  But Beard cannot show that but for his counsel’s omission, there was a reasonable probability that he would have received a more lenient sentence.   

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