LUCAS A. MCALISTER, Applicant-Appellant,
STATE OF IOWA, Respondent-Appellee.
from the Iowa District Court for Des Moines County, John M.
applicant appeals the district court decision denying his
request for postconviction relief from his conviction for
first-degree robbery. AFFIRMED.
A. Simmons, Bettendorf, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee State.
Considered by Vogel, P.J., Potterfield, J., and Goodhue, S.J.
GOODHUE, Senior Judge.
A. McAlister was convicted of first-degree robbery by a
jury's verdict rendered in 2004. He appealed, and the
conviction was affirmed. McAlister filed an application for
postconviction relief (PCR) in January 2008. His application
was denied, and McAlister appeals. We affirm.
facts leading up to the charges and conviction are set out in
this court's ruling affirming the conviction and are not
repeated except where relevant to this proceeding. See
State v. McAlister, No. 05-2004, 2006 WL 1896216, at
*1-2 (Iowa Ct. App. July 12, 2006). McAlister claimed
ineffective assistance of counsel in the direct appeal and
has based his PCR on other claims of ineffective assistance.
McAlister claims as follows: (1) trial counsel was
ineffective for failing to pursue a plea agreement in a
timely fashion and for failing to advise him of the pitfalls
of going to trial and (2) in failing to effectively
investigate medical evidence and failing to pursue a motion
for a new trial that would have demonstrated McAlister was
found guilty on the basis of an improper expert medical
opinion that had no foundation in medical science.
Preservation of Error Both issues were raised before
the trial court, and the State concedes the issues were
Standard of Review
from denial of PCR are ordinarily reviewed for corrections of
errors at law, but when a constitutional issue, such as a
claim of ineffective assistance of counsel, is involved, it
is reviewed de novo. Lemasters v. State, 821 N.W.2d
856, 862 (Iowa 2012).
Ineffective Assistance ...