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Beery v. State

Court of Appeals of Iowa

March 12, 2014

DOUGLAS PAUL BEERY, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee

Editorial Note:

This decision is published in table format in the North Western Reporter.

Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge. Douglas Beery appeals the district court's ruling dismissing his application for postconviction relief.

Mark C. Smith, State Appellate Defender, and Bradley M. Bender, Assistant Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Benjamin M. Parrott, Assistant Attorney General, John P. Sarcone, County Attorney, and David Porter, Assistant County Attorney, for appellee State.

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

OPINION

POTTERFIELD, P.J.

Douglas Beery appeals the district court's ruling dismissing his application for postconviction relief. Beery's claim of newly-discovered evidence does not warrant a new trial. We affirm.

I. Scope of Review.

" Generally, an appeal from a denial of an application for postconviction relief is reviewed for correction of errors at law." Perez v. State, 816 N.W.2d 354, 356 (Iowa 2012) (internal quotation marks and citation omitted). We must " affirm if the trial court's findings of fact are supported by substantial evidence and the law was correctly applied." Harrington v. State, 659 N.W.2d 509, 520 (Iowa 2003). " Where the applicant alleges constitutional error, our review is de novo in light of the totality of the circumstances and the record upon which the postconviction court's rulings were made." Perez, 816 N.W.2d at 356 (quotation marks, citation, and corrections omitted).

II. Background Facts.

In April 1996, Beery was convicted of first-degree murder and assault with intent to inflict serious injury stemming from an incident occurring in October 1995, which we have previously described:

Beery, his brother and several others, after having been asked to leave a bar for causing a disturbance, began fighting. During the fracas, two passing vehicles were kicked by Beery or his brother. After having her car kicked, Dawn Ray returned with her husband, Jackie, and three other men. A brawl ensued and Beery pulled his knife. He stabbed one individual, Dennis Link, four times, including a fatal wound to the chest. He also stabbed Jackie Ray in the chest.

Beery v. State, 0-797, 2001 WL 98382, at *1 (Iowa Ct. App. Feb. 7, 2001). This court affirmed his conviction on direct appeal. See id . Further review was denied by the Iowa Supreme Court on October 3, 1997. See Beery v. Ault, 312 F.3d 948, 950 (8th ...


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