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Matthew John Kippe v. State of Iowa

IN THE COURT OF APPEALS OF IOWA


February 27, 2013

MATTHEW JOHN KIPPE, APPLICANT-APPELLANT,
v.
STATE OF IOWA, RESPONDENT-APPELLEE.

Appeal from the Iowa District Court for Marshall County, Dale E. Ruigh, Judge.

The opinion of the court was delivered by: Doyle, J.

Matthew Kippe appeals the district court's denials of both his application for post-conviction relief and his motion for DNA testing. AFFIRMED.

Considered by Vogel, P.J., and Potterfield and Doyle, JJ.

After being charged, as a habitual offender, with burglary in the first degree and sexual abuse in the third degree, Matthew Kippe pled guilty to burglary in the third degree, a class "D" felony, and to indecent exposure, a serious misdemeanor. He later filed an application for post-conviction relief (PCR), alleging among other things, his plea was not knowing and voluntary, and his trial counsel was ineffective in several respects. He subsequently filed a motion to have DNA re-tested at State expense. Following the PCR court's denials of both his application and motion, he appeals.

We have carefully reviewed the record, the briefs of the parties, and the PCR court's rulings. We conclude the PCR court did not abuse its discretion in denying Kippe's motion for DNA testing. The PCR court's ruling denying Kippe's application for PCR was perceptive, thorough, and thoughtful. We agree with the PCR court's reasoning, its conclusions under the facts presented, and its application of the law. Any further discussion by our court would add little to and not change the disposition of this case. Accordingly, the PCR court's orders denying Kippe's motion for DNA testing and his application for PCR are affirmed without opinion. See Iowa R. App. P. 6.1203(a), (d).

AFFIRMED.

20130227

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