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Roman Jacob Moncivaiz
v.
State of Iowa
Appellant
Roman Jacob Moncivaiz
Appellee
State of Iowa
Attorney for the Appellant
Raya D. Dimitrova
Attorney for the Appellee
Thomas J. Ogden, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge. AFFIRMED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Schumacher, P.J. (6 pages)
Roman Moncivaiz appeals the denial of his second postconviction-relief (PCR) application. He alleges there is newly discovered evidence and that his trial counsel and first PCR counsel were ineffective in not discovering another suspect would not be prosecuted. He also asserts trial counsel was ineffective in failing to challenge an aiding and abetting jury instruction because the State declined to prosecute another suspect. OPINION HOLDS: Evidence that the State declined to prosecute another suspect would not have changed the result of Moncivaiz’s trial or first PCR. As a result, neither trial counsel nor Moncivaiz’s first PCR counsel was ineffective. Accordingly, we affirm.
