. Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.
The opinion of the court was delivered by: Bower, J.
James Effler appeals the district court's summary dismissal of his post-conviction action. REVERSED AND REMANDED.
Heard by Vogel, P.J., and Mullins and Bower, JJ.
James Effler appeals from the district court's summary dismissal of his application for post-conviction relief. Effler argues the district court erred in granting the State's motion for summary judgment and dismissing his application for post-conviction relief, because there was "at least one" genuine issue of material fact in his application alleging that: (1) his trial counsel was ineffective in failing to raise Iowa constitutional challenges in the motion to suppress statements made by Effler during a police interrogation, (2) his appellate counsel was ineffective in failing to raise and argue Effler's mandatory life sentence for the offense of kidnapping in the first degree constituted cruel and unusual punishment as applied to his case, and (3) his post-conviction counsel was ineffective in failing to raise the issue of ineffective assistance of trial counsel for failing to advise Effler of the consequences of proceeding to immediate sentencing and failing to file a motion for new trial.
Upon our review, we find Effler has failed to prove his claim of ineffective assistance of post-conviction counsel. However, as Effler was not given an opportunity to fully develop his claims of ineffective assistance of trial and appellate counsel, the district court should not have summarily dismissed his application for post-conviction relief. We reverse the grant of summary judgment and remand this matter for further proceedings.
I. Background Facts and Proceedings.
Effler was arrested following a horrific incident that occurred in October 2005 at the Des Moines Central Library. Our supreme court's July 17, 2009 ruling on further review in Effler's direct appeal, State v. Effler, 769 N.W.2d 880, 884-85 (Iowa 2009), contains a factual background regarding the incident, which we reiterate in part:
On the morning of October 4, 2005, Melissa Martin was baby-sitting J.M., a two-year-old girl, for the first time. Martin took J.M. to the Des Moines Central Library. Martin stood at a fifteen-minute internet station, and J.M. stood beside her leg. A few minutes later, Martin noticed J.M. was no longer there and began calling out her name. One of the librarians began a search for the child and remembered seeing Effler handing a toy to a toddler girl. The librarian suggested checking the men's bathroom. Martin and the librarian rushed over to the men's bathroom. The librarian tried to open it with her key, but it was locked from inside. They started pounding on the door calling the child's name. They heard two "bloodcurdling" screams followed by silence. The librarian asked her staff to call the maintenance man, who pried the lock open with a screwdriver. Inside the bathroom, they found a shirtless Effler kneeling next to J.M., who was completely naked. Martin picked up J.M. and ran out. Staff members slammed the door shut, preventing Effler from escaping. Two men held the door shut until the police arrived. The police wrestled Effler to the floor, handcuffed him, and took him to the Des Moines Police Station.
At the police station, a detective interviewed Effler in a small interview room. The detective videotaped the entire interview. The relevant part of the custodial investigation involving Effler's Miranda rights contained the following exchanges between the detective and Effler:
DETECTIVE: Okay. I'll tell you what, did they tell you what your rights were, James? Do they call you Jim, James?
EFFLER: They said that I am only being booked for ahh intoxic public right now.
DETECTIVE: I don't-I don't know that you are not actually booked even yet. I mean there is no booking been done.
EFFLER: So I am being released?
DETECTIVE: Well if they book you for intox then you got to you know you are not gonna get released.
EFFLER: That would be overnight.
DETECTIVE: Usually it's overnight judges usually let you out in the ...