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Rankins v. State

Court of Appeals of Iowa

December 21, 2016

DANNY WAYNE RANKINS, Petitioner-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Polk County, Mary Pat Gunderson, Judge.

         Danny Wayne Rankins has appealed from the summary dismissal of his second application for postconviction relief. AFFIRMED.

          Alexander Smith of Parrish Kruidenier Dunn Boles Gribble Gentry Brown & Bergmann, L.L.P, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Thomas E. Bakke, Assistant Attorney General, for appellee.

          Considered by Vogel, P.J., Mullins, J., and Goodhue, S.J. [*]

          GOODHUE, Senior Judge.

         Danny Wayne Rankins has appealed from the summary dismissal of his second postconviction-relief request.

         I. Background Facts and Proceedings

         There was an armed robbery at an Arby's restaurant in Des Moines on January 18, 2006. Rankins was identified as the driver of the getaway car by two witnesses. One of those witnesses was Rick Knutson. The getaway car was stopped by police, but the other occupant of the car was able to get out and escape on foot. A loaded revolver found in the car was later identified as the revolver involved in the robbery.

         There was reason to believe the other person involved in the robbery was Randy Cason. Robbery charges were filed against both Cason and Rankins, but the charge against Cason was dismissed, apparently because of a lack of adequate identification. One of the witnesses that identified Rankins was Rick Knutson. Knutson signed an affidavit dated April 15, 2006, stating in its relevant part:

I Rick P. Knutson did not witness seeing a Randy Cason on or about 1-18-06 at or near an Arby's restaurant or bowling alley on N.E. 14th St. in D.S.M. getting into a Cadillac or Lincoln or any vehicle. Furthermore, I have just met Mr. Cason here in Bethany, Mo. and am repulsed by statements trying to construe me against a fellow man.

         Rankins denied any involvement in the robbery. A more detailed account of the events surrounding the January 18, 2006 robbery is set out in the direct appeal. See State v. Rankins, No. 06-0999, 2007 WL 2712066, at *1-2 (Iowa Ct. App. Sept. 19, 2007).

         Rankins was convicted of robbery in the first degree and was sentenced to a twenty-five-year term of incarceration. He appealed, and the conviction and sentence were affirmed, but the issue of ineffective assistance of counsel was reserved for postconviction relief. Id. at *5. Procedendo issued on November 20, 2007.

         In June 2008, Rankins filed a petition requesting postconviction relief, and it was denied. Rankins appealed, and the denial was affirmed. See Rankins v. State, No. ...


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