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Case No. 17-1806

State of Iowa
v.
Jon Arthur Dieckmann

Defendant appealed the judgment and sentence entered on his convictions for attempted burglary in the second degree and possession of burglar’s tools. He contended his trial counsel was ineffective in failing to: (1) challenge the sufficiency of the evidence; (2) object to the marshalling instruction on the attempted burglary charge; (3) make certain evidentiary objections; and (4) move for a mistrial. He also contended the trial court erred in ordering that he make restitution for his appellate attorney fees unless he filed a request for a hearing on the issue of his reasonable ability to pay. The court of appeals found trial counsel was not ineffective in failing to challenge the sufficiency of the evidence and preserved the remaining ineffective assistance claims for postconviction relief. The court of appeals also concluded the district court did not err in its discussion of the appellate attorney fee issue in its sentencing order. Defendant seeks further review.

County:
Scott

Resister

State of Iowa

Applicant

Jon Arthur Dieckmann

Attorneys for Resister

Zachary Miller

Attorneys for Applicant

Mary K. Conroy

Supreme Court

Oral Argument Schedule

Non-Oral

Apr 09, 2019 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
17-1806
Date Published:
Apr 26, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1806
Date Published:
Nov 21, 2018
Summary

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (9 pages)

            Jon Dieckmann appeals his conviction and sentence for attempted burglary in the second degree and possession of burglar’s tools.  He argues his counsel was ineffective on several grounds and the district court improperly assessed appellate attorney fees.  OPINION HOLDS: We find his counsel was not ineffective for failing to challenge the sufficiency of the evidence, we preserve his other ineffective-assistance claims, and we find the court did not err in addressing appellate attorney fees. 

Other Information

Date Further Review is Granted:
Mar 28, 2019

View archived opinions from prior to November 2017

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