from the Iowa District Court for Story County, Michael J.
applicant appeals from the district court's summary
dismissal of his application for postconviction relief.
Christopher A. Clausen of Clausen Law Office, Ames, for
J. Miller, Attorney General, and Kyle P. Hanson, Assistant
Attorney General, for appellee State.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
Cory appeals from the district court's summary dismissal
of his application for postconviction relief (PCR). Here,
Cory maintains the district court erred in granting the
State's motion for summary dismissal. Alternatively, he
maintains PCR counsel provided ineffective assistance by
allowing his PCR application to be summarily dismissed.
Background Facts and Proceedings.
2014, a jury found Cory guilty of first-degree murder in the
shooting death of his wife.
filed a direct appeal, arguing there was insufficient
evidence to support the jury's verdict, the district
court violated his right to present a defense by excluding
evidence of his alcoholism, and the district court improperly
excluded evidence of a burglary that occurred at his home two
weeks after his arrest. See State v. Cory, No.
14-1436, 2015 WL 7567527, at *1 (Iowa Ct. App. Nov. 25,
2015). Cory also argued his trial counsel had provided
ineffective assistance by failing to seek to suppress
statements Cory made to law enforcement under article I,
section 10 of the Iowa Constitution. Id.
of our court affirmed Cory's conviction "[g]iven the
overwhelming evidence of Cory's guilt" and preserved
his claim of ineffective assistance for possible PCR
filed an application for further review, which our supreme
court denied. Procedendo issued on February 4, 2016.
filed a pro se application for PCR on April 1, 2016. In it,
Cory claimed trial counsel had provided ineffective
assistance by advising Cory not to testify on his own behalf
"due to an imminent retrial." He also claimed
prosecutorial misconduct, stating, "Prosecution withheld
exculpatory evidence." Lastly, he stated, "The
cumulative effect of all the ...