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Case No. 17-1997

David Palmer Dewberry
v.
State of Iowa

The State seeks further review after the court of appeals reversed the district court’s denial of David Dewberry’s application for postconviction relief and remanded for a full evidentiary hearing on Dewberry’s actual innocence claim. The State contends Dewberry is not actually innocent of robbery when he is guilty of a lesser included offense and thus summary disposition of the application was appropriate.

County:
Decatur
Trial Court Case No.:
PCCV006515

Appellant

David Palmer Dewberry

Appellee

State of Iowa

Attorneys for Appellant

Cathleen J. Siebrecht

Attorneys for Appellee

Thomas J. Ogden

Supreme Court

Oral Argument Schedule

15-15-5

Oct 22, 2019 1:00 PM Iowa Supreme Court Courtroom

Briefs

Supreme Court Opinion

Opinion Number:
17-1997
Date Published:
Dec 06, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1997
Date Published:
May 15, 2019
Summary

            Appeal from the Iowa District Court for Decatur County, John D. Lloyd, Judge.  REVERSED AND REMANDED. Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Vogel, C.J.  (4 pages)

            Dewberry appeals the denial of his second postconviction-relief (PCR) application.  He claims he was wrongly denied a full PCR hearing to demonstrate his trial counsel was ineffective for failing to present an expert to testify on whether the BB gun he used during the incident was a dangerous weapon under Iowa Code section 711.2 (2011).  OPINION HOLDS: Because Dewberry was deprived of the opportunity to prove his actual-innocence claim, we remand the case to the PCR court where a full evidentiary hearing may be held.

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