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.

Cory v. State

Court of Appeals of Iowa

May 2, 2018

JEREMY MICHAEL CORY, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

         Appeal from the Iowa District Court for Story County, Michael J. Moon, Judge.

         The applicant appeals from the district court's summary dismissal of his application for postconviction relief.

          Christopher A. Clausen of Clausen Law Office, Ames, for appellant.

          Thomas J. Miller, Attorney General, and Kyle P. Hanson, Assistant Attorney General, for appellee State.

          Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.

          POTTERFIELD, Judge.

         Jeremy 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.

         I. Background Facts and Proceedings.

         In 2014, a jury found Cory guilty of first-degree murder in the shooting death of his wife.

         Cory 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.

         A panel 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 proceedings. Id.

         Cory filed an application for further review, which our supreme court denied. Procedendo issued on February 4, 2016.

         He 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 ...


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.