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Case No. 22-0813

Timothy Duane Smith
v.
State of Iowa

The State seeks further review of the court of appeals decision reversing and remanding the denial of Timothy Duane Smith’s postconviction application. The court of appeals found that trial counsel provided ineffective assistance of counsel in failing to request additional peremptory strikes resulting in not being able to raise error on appeal amounting to Strickland prejudice.

County:
Cass
Trial Court Case No.:
PCCV025884

Applicant

Timothy Duane Smith

Resister

State of Iowa

Attorney for the Applicant

Gary Dickey

Attorney for the Resister

Genevieve Reinkoester

Supreme Court

Oral Argument Schedule

15-15-5

Apr 11, 2024 9:00 AM

Briefs

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0813
Date Published:
Nov 21, 2023
Summary

            Appeal from the Iowa District Court for Cass County, Greg W. Steensland, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  Dissent by Schumacher, J.  (21 pages)

              Timothy Smith appeals the denial of his application for postconviction relief (PCR).  Smith claims trial counsel failed to (1) request additional strikes when the trial court refused to grant challenges for cause of prospective jurors, (2) move for a mistrial due to claimed juror misconduct, and (3) call witnesses that had evidence favorable to his defense.   He also passively claims cumulative errors amount to prejudice.  OPINION HOLDS: We find counsel was ineffective in failing to request additional strikes to preserve error under State v. Jonas, and that failure here constituted prejudice.  We reverse and remand for a new trial.  DISSENT ASSERTS: As Smith failed to demonstrate prejudice in regard to the peremptory strikes and failed to prove a breach of duty by his trial counsel regarding jury misconduct and defense witnesses, the district court’s denial of Smith’s PCR application should be affirmed.

Other Information

Date Further Review is Granted:
Jan 22, 2024
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