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Case No. 23-0474

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

Thomas Michael Yarges
v.
State of Iowa

Appellant

Thomas Michael Yarges

Appellee

State of Iowa

Attorney for the Appellant

John C. Heinicke

Attorney for the Appellee

Martha E. Trout, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0474
Date Published:
Mar 27, 2024
Summary

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (14 pages)

            Thomas Yarges appeals the denial of his application for postconviction relief.  OPINION HOLDS: Yarges has failed to demonstrate the prejudice necessary to succeed on his claim of ineffective assistance of counsel because by pleading guilty he avoided two potential felony convictions and eight more years of imprisonment, and the State’s case against him was strong.  Likewise, Yarges failed to present clear and convincing evidence that based on his assertions to the contrary of the State’s witnesses no reasonable jury could have found that he committed the crimes of which he was accused.  We affirm.

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