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Borushaski v. State

Court of Appeals of Iowa

January 29, 2003

Rodney L. BORUSHASKI, Applicant-Appellant,
v.
STATE of Iowa, Respondent-Appellee.

Editorial Note:

This decision has been designated as "Decisions Without Published Opinions" table in the North Western Reporter. See FI IA R 6.14(5) for rules regarding the use and citation of unpublished opinions.

Appeal from the Iowa District Court for Polk County, Larry J. Eisenhauer, Judge.

Borushaski appeals from the district court's denial of his application for postconviction relief. AFFIRMED.

Alfredo Parrish and Ivy Rivello of Parrish, Kruidenier, Moss, Dunn, Boles & Gribble, L.L.P., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, John Sarcone, County Attorney, and Frank Severino, Assistant County Attorney, for appellee.

Heard by VOGEL, P.J., and ZIMMER and HECHT, JJ. EISENHAUER, J., takes no part.

HECHT, J.

Borushaski appeals from the district court's denial of his application for postconviction relief. We affirm.

I. Background Facts and Proceedings. Bob and Marilyn Blewer were murdered in their trailer at the Iowa State Fair in 1996. The Blewers' daughter, Jamie; her husband, Rodney Borushaski, and Jeremy Sneed were charged with the murders. Following a jury trial, Rodney Borushaski was convicted of two counts of murder in the first degree and sentenced to life imprisonment. Borushaski appealed his convictions, alleging insufficient evidence to support a felony murder instruction and improper exclusion of testimony. His convictions were affirmed. Borushaski petitioned for postconviction relief, and the district court denied his application. Borushaski appeals, alleging ineffective assistance of appellate counsel, ineffective assistance of trial counsel and newly discovered evidence mandating a new trial.

II. Standard of Review. We ordinarily review postconviction relief proceedings for errors of law. Bugley v. State,596 N.W.2d 893, 895 (Iowa 1999). We will not disturb the trial court's denial of postconviction relief if the trial court's findings of fact in support of its judgment are supported by substantial evidence. Carroll v. State, 466 N.W.2d 269, 271 (Iowa Ct.App.1990). However when there is an ...


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