from the Iowa District Court for Warren County, Richard B.
Hardin appeals the dismissal of her second application for
L. Campbell of Dickey & Campbell Law Firm, PLC, Des
Moines, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee State.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
DANILSON, CHIEF JUDGE.
16, 1995, Tracy Lynn Hardin broke into her husband's
house through a window, shot and wounded her husband, ran
upstairs, and fired four more shots, three of which struck
her husband's girlfriend, killing her. Alfredo Parrish
represented Hardin during her trial on charges of
first-degree murder and attempted murder. See State v.
Hardin, 569 N.W.2d 517, 519 (Iowa Ct. App. 1997). Hardin
asserted the defenses of insanity and diminished
responsibility. Id. She was convicted of
first-degree murder and willful injury. Id. at 522.
On direct appeal, Hardin raised issues concerning the
physician-patient privilege, error in granting a trial
continuance to the State, jury admonition and instruction
concerns, and misconduct of counsel during closing arguments.
Id. at 519-22. This court affirmed her convictions,
see id. at 522, and procedendo issued on October 10,
filed her first application of postconviction relief (PCR) in
1998, and Unes J. Booth was appointed to represent her. Of
the several issues initially raised, PCR counsel pursued and
presented evidence on three claims of ineffective assistance
of prior counsel:
(1) failure to object to misconduct by the prosecutor in
presenting false expert testimony regarding the sequence of
the four shots fired upstairs; (2) failure to investigate and
present forensic evidence regarding the order in which the
shots were fired, and (3) failure to request the court stop
the trial and order a hearing to determine Hardin's
competency to continue with the trial.
Hardin v. State, No. 03-1089, 2004 WL 2947440, at *1
(Iowa Ct. App. Dec. 22, 2004). After trial on the merits, the
PCR court denied the application. Id.
appealed, and Theresa Wilson from the appellate
defender's office was appointed to represent her. See
id. On appeal, appellate counsel asserted all new
(1)failure of PCR trial counsel to have Hardin testify at the
(2) failure of trial and appellate counsel to object to [an
expert witness's] testimony on the ultimate issues of
insanity and diminished responsibility, and (3) failure of
trial and appellate counsel ...