from the Iowa District Court for Lee (South) County, John M.
applicant appeals the denial of postconviction relief.
D. Tindal of Nidey Erdahl Tindal & Fisher, PLC, Marengo,
J. Miller, Attorney General, and Zachary C. Miller, Assistant
Attorney General, for appellee State.
Considered by Danilson, C.J., and Tabor and McDonald, JJ.
of four drug crimes in two consolidated cases, Anthony Moody
appeals the denial of his application for postconviction
relief. Moody first claims his criminal trial attorney was
ineffective by not resisting the State's motion to
consolidate two pending prosecutions into a single trial. He
next claims his direct-appeal and postconviction counsel
delivered subpar representation by failing to allege trial
counsel was ineffective for not seeking a limiting
instruction at the consolidated trial. Because Moody fails to
show the reasonable probability of a different outcome had
trial counsel lobbied for separate trials, we affirm the
denial of postconviction relief. Because the record is
inadequate to assess his second claim, we preserve it for any
subsequent postconviction-relief action.
2011, the State filed a trial information (FECR008010)
charging Moody with two counts of cocaine delivery, in
violation of Iowa Code section 124.401(1)(c)(2) (2011),
related to controlled drug buys with informant Angela Bollin
that occurred in January 2011. Moody's October 2011 trial
on those offenses ended in a mistrial due to a hung jury.
2012, the State charged Moody in a three-count trial
information (FECR008227) with delivery of cocaine, in
violation of section 124.401(1)(c)(2), related to a
controlled buy with informant Trevelt Washington on January
5, 2012; money laundering, in violation of section
706B.2(1)(a), alleged to have occurred on January 20, 2011;
and possession of marijuana, in violation of section
124.401(5), alleged to have occurred on May 2, 2012.
new defense attorney, retained after the mistrial, filed a
motion in limine asking to exclude references to "his
prior charges for possession and delivery of a controlled
substance and the proposed testimony of Angela Bollin as it
relates to alleged controlled buys not at issue in this
matter." In ruling on the defense motion, the district
court was satisfied the State had authenticated the text
messages between Moody and informants Bollin and Washington.
The court decided the messages would be admissible
"subject to a showing of relevancy."
December 2012, the State moved to consolidate the two cases
for trial. The motion asserted the court had entered an order
in FECR008227 permitting Bollin's testimony on the
January 2011 events as relevant to the money-laundering
count. The motion continued: "Because the evidence will
be exactly the same and include all charges contained in
FECR8010, the State moves to combine these charges for
purposes of trial." The defense filed a response,
stating: "In light of the court's ruling on the
motion in limine, the defendant concedes judicial economy
would be served by a joint trial on these matters."
Moody's January 2013 jury trial ended in guilty verdicts
on all five charges. He received a prison sentence not to
exceed forty-five years.
Moody's direct appeal, our court affirmed the four drug
counts, but reversed the money-laundering conviction.
State v. Moody, No. 13-0576, 2014 WL 5861263, at *13
(Iowa Ct. App. Nov. 13, 2014) (deciding defense counsel
failed to argue proper interpretation of money-laundering
statute in motion for judgment of acquittal).
February 2015, Moody filed an application for postconviction
relief alleging several deficiencies in the performance of
his second trial counsel. In April 2016, the district court
held a postconviction hearing at which the parties submitted
the deposition testimony of Moody and ...