Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cobbins v. State

Court of Appeals of Iowa

August 2, 2017

TERRY T. COBBINS JR., Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Marion County, Martha L. Mertz, Judge.

         Terry Cobbins Jr. appeals from the district court's denial of his application for postconviction relief. AFFIRMED.

          Patrick W. O'Bryan of O'Bryan Law Firm, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney General, for appellee State.

          Considered by Mullins, P.J., and Bower and McDonald, JJ.

          MULLINS, Presiding Judge.

         Terry Cobbins Jr. appeals from the district court's denial of his application for postconviction relief (PCR), following his conviction for first-degree murder. He argues his trial counsel rendered ineffective assistance in failing to (1) conduct a proper pretrial investigation and (2) object to the admission Cobbins's prior theft convictions. We affirm.

         I. Background Facts and Proceedings

         The following undisputed facts were set forth in our opinion on direct appeal:

Terry Cobbins worked at Marzetti's Frozen Pasta in Clive. His boss was Mike Miller, the production supervisor. Miller lived in Knoxville with his wife, Teresa.
Miller also supervised Neida Pinon. Miller told Pinon he was unmarried and the two began having an affair about three months after Pinon started at Marzetti's in October 2009. Miller would often go to Pinon's home . . . in the mornings between 5:30 and 6:00. Miller bought her many gifts including a diamond and pearl ring. But when Pinon found out Miller was married, she ended the relationship. The affair rekindled when Miller showed Pinon some divorce papers, but faltered again when Pinon saw Miller with his wife, Teresa. Pinon told Miller he would have to choose between her and Teresa. Pinon left to spend Christmas vacation of 2010 in Mexico, and told Miller to take that time to think it over. When Pinon returned ten days later, Miller picked her up in Kansas City and drove her home . . . . Pinon told him if he left that night, their relationship was over. Miller left.
According to Cobbins, it was about that same time, around Christmas of 2010, when Miller started dropping by his house unexpectedly. Miller knew where Cobbins lived because Miller sometimes gave him a ride home from work. Cobbins described Miller as "on edge" and recalled that Miller asked him to find a gun. Cobbins also said Miller requested that Cobbins "take care for some business for him."
Cobbins told his neighbor, Tyree Lewis, that he and his boss were "pretty cool" or "tight." Cobbins also told Lewis the boss wanted his wife killed. Cobbins asked if Lewis would be willing to drive Cobbins to do the job and Cobbins would "do everything else." Cobbins asked Lewis if he could get a gun. He told Lewis the job would be lucrative: they would split $30, 000 or Lewis would get $30, 000. Cobbins broached the subject with Lewis several times, most recently during December of 2010.
Cobbins also talked about his boss with Amber Lyons, his wife's cousin. In the fall of 2010, Cobbins told her he was being paid $50, 000 to "do a hit on some female" in Knoxville. Cobbins told Lyons he was going to wear a trash bag over his clothes so he could "get away with it." One time when Lyons was babysitting for [Cobbins and his wife], she saw Miller stop by and duck into [Cobbins's wife]'s car. When Lyons told Cobbins, he said: "Don't worry about it, it's my boss, he's putting something ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.