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.
Appellant
David Palmer Dewberry
Appellee
State of Iowa
Attorney for the Appellant
Cathleen J. Siebrecht
Attorney for the 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:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.