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Andre Letroy Antwan Harrington
v.
State of Iowa
Appellant
Andre Letroy Antwan Harrington
Appellee
State of Iowa
Attorney for the Appellant
Karmen R. Anderson
Attorney for the Appellee
Joshua A. Duden, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge. AFFIRMED. Considered by Tabor, P.J., Greer, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (7 pages)
After being convicted of second-degree robbery, Andre Harrington applied for postconviction relief (PCR), alleging he received ineffective assistance from trial counsel. The district court denied Harrington’s application. On appeal, Harrington reiterates his claims of ineffective assistance regarding trial counsel’s failure to plead an affirmative defense and to object to his shackling in front of the jury during trial. OPINION HOLDS: Because he was engaged in the illegal act of theft at the time he hit the store employee who tried to stop him, the justification defense was unavailable to Harrington and trial counsel had no duty to raise the issue. Additionally, even if he was shackled in front of the jury, Harrington has the burden to establish prejudice, which he failed to do. We affirm the denial of his PCR application.
