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Grider v. State

Court of Appeals of Iowa

October 24, 2018

TONY LEWIS GRIDER, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.

         An applicant appeals from the dismissal of his application for postconviction relief.

          Eric W. Manning of Manning Law Office, P.L.L.C., Urbandale, for appellant.

          Thomas 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.

         Tony 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.

         I. Background Facts and Proceedings.

         In 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 bedroom.
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).

         A jury 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] ...


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