from the Iowa District Court for Black Hawk County, Jon C.
Twigg appeals from the denial of his application for
postconviction relief from his five convictions of lascivious
acts with a minor. AFFIRMED.
C. Heinicke of Kragnes & Associates, P.C., Des Moines,
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee State.
Considered by Potterfield, P.J., Bower, J., and Scott, S.J.
POTTERFIELD, Presiding Judge.
Twigg appeals from the district court's denial of his
application for postconviction relief (PCR) stemming from his
five convictions of lascivious acts with a minor, in
violation of Iowa Code section 709.14 (2009). On appeal,
Twigg maintains the district erred in failing to find his
second trial counsel ineffective for not obtaining for use at
trial an interview transcript or alternatively, in failing to
find that his postconvictio- relief counsel was ineffective
for not obtaining a copy of the transcript. Additionally, he
contends the trial court erred in ruling his second trial
counsel did not provide ineffective representation in
presenting Twigg's defense his conduct was "weird
behavior" rather than "sexual behavior." After
careful consideration, we affirm the district court.
Background Facts and Proceedings.
worked as a high school teacher in Waterloo. Beginning in
December 2009, Twigg invited a seventeen-year-old student to
his home to work on some outstanding homework assignments.
Twigg told the student he could either complete the
assignments or play a video game. Twigg explained the student
would receive credit for an assignment for every level the
student beat on the video game; the student was required to
remove an article of clothing for each level lost.
student chose to play the video game. The student lost four
levels and was wearing only boxer shorts when Twigg left the
room momentarily. While he was alone, the student researched
online how to beat the game. When Twigg later noticed the
student's improved performance on the video game, the
student admitted to cheating. Twigg then informed the student
he would have to return to Twigg's home at a later date.
student returned to Twigg's home in January 2010, but the
rules of the game had changed. During this interaction, if
the student wished to avoid removing a piece of clothing, he
could instead opt to complete an activity on a list provided
by Twigg. The student played the video game and had to remove
clothing. However, at some point, the student began selecting
activities from the list. The first activity the student
chose to complete was called "cold change." This
required the student to go into Twigg's garage by himself
to change into a different pair of boxers. The student also
completed exercises wearing only a towel.
the student eventually earned enough credit for the
assignments, he still owed Twigg money for a cell phone bill
Twigg apparently had paid for the student. Twigg offered to
let the student work off the debt by completing more
activities on the list. The student described the remaining
[S]ix boxers which . . . involve[d] me in only my boxers
laying on the bed and receiving six spankings, three
whoppers, which would involve me bending over the bed butt
naked and getting three spankings. The snow angels, which
basically involved me doing two snow angels in my boxers, one
on my front and one on my back. And des[s]ert mix, which
involved me getting into the bathtub and letting him pour
pineapple sauce, chocolate sauce, eggs, flour, milk, and two
different kinds of candy on me.
student completed the activities before Twigg drove him home.
The student eventually told a few friends, who in turn told
the high school ...