from the Iowa District Court for Black Hawk County, Kellyann
M. Lekar, Judge.
applicant appeals from the dismissal of his application for
W. Manning of Manning Law Office, P.L.L.C., Urbandale, for
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee State.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
POTTERFIELD, PRESIDING JUDGE.
Grider appeals the dismissal of his application for
postconviction relief filed after his 2011 convictions for
conspiring to manufacture a controlled substance and/or
manufacturing a controlled substance (more than five grams of
methamphetamine); possession of ephedrine and/or
pseudoephedrine with the intent to manufacture a controlled
substance; possession of ether with the intent to manufacture
a controlled substance; and possession of marijuana, in
violation of Iowa Code section 124.401 (1)(b), (4), and (5)
(2009). On appeal, Grider argues his postconviction-relief
counsel provided ineffective assistance in failing to ensure
the district court addressed all of his claims, including
claims his trial counsel provided ineffective assistance.
Background Facts and Proceedings.
Grider's direct appeal, we found the following facts:
In May of 2011, the Black Hawk County Sheriffs deputies
conducted a "trash rip" at Grider's residence.
Deputies found several Sudafed packages stuffed inside a
cigarette box, plastic tubing, syringes and syringe caps, and
plastic baggies. Inside one of the baggies was a bent spoon
with black burn marks. Also found was a letter addressed to
Grider and a paycheck bearing his name. A search warrant was
obtained for Grider's residence.
Grider lived in the home with other individuals. Grider and
two other persons were present in the home when the search
warrant was executed. During the search of the house,
investigators found a meth pipe, marijuana, and other drug
related paraphernalia in Grider's bedroom. When
investigators found the detached garage locked, they asked
Grider about a key to the garage. Grider did not respond.
Investigators entered the garage through a window. During the
search of the house, the key to the garage was found on a key
ring with other keys inside the pocket of a coat which was
with other items in a clothes basket located in Grider's
During the search of the garage, investigators discovered
items consistent with the manufacture of methamphetamine
inside a shop vac. The items included plastic bags containing
receipts, lithium battery packaging, pseudoephedrine blister
packaging, coffee filters and used filters, and a Gatorade
bottle containing sludge. Other items commonly used in the
manufacture of methamphetamine were also found in the garage.
State v. Grider, No. 11-2086, 2013 WL 541638, at *1
(Iowa Ct. App. Feb. 13, 2013).
convicted Grider in December 2011, and he was sentenced to
twenty-five years on one count and fifteen years on each of
the other counts, to be served concurrently. Grider brought a
direct appeal, arguing his trial counsel was per se
ineffective for waving the reporting of closing arguments,
the trial court erred in admitting evidence of his prior
manufacture of methamphetamine, and the trial court applied
the wrong standard in reviewing his motion for a new trial.
Grider also made thirty-three pro se claims. Our court
affirmed Grider's conviction and found "his [pro se]