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Joe Anthony Lopez
v.
State of Iowa
Appellant
Joe Anthony Lopez
Appellee
State of Iowa
Attorney for the Appellant
Janice B. Binder
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Considered by Tabor, P.J., and Badding and Buller, JJ. Opinion by Tabor, P.J. (12 pages)
Joe Lopez appeals the denial of his application for postconviction relief (PCR.) He contends new scientific evidence on shaken baby syndrome and abuse head trauma undermines his conviction. And he argues his criminal trial counsel was ineffective by (1) not challenging prior bad acts testimony and (2) not marshalling scientific data to rebut the State’s expert witnesses. OPINION HOLDS: Lopez did not raise the second ineffective-assistance claim before the PCR court, so we do not address it. We find his newly discovered evidence claim and his bad-acts ineffectiveness challenge lack merit. So we affirm denial of PCR.
