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.

Hardin v. State

Court of Appeals of Iowa

June 20, 2018

TRACY LYNN HARDIN, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge.

         Tracy Hardin appeals the dismissal of her second application for postconviction relief.

          Angela L. Campbell of Dickey & Campbell Law Firm, PLC, Des Moines, for appellant.

          Thomas 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.

         On July 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, 1997.

         Hardin 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.

         Hardin appealed, and Theresa Wilson from the appellate defender's office was appointed to represent her. See id. On appeal, appellate counsel asserted all new ineffectiveness issues:[1]

(1)failure of PCR trial counsel to have Hardin testify at the PCR trial,
(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 ...

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.