DEANDRE D. GOODE, Appellant,
STATE OF IOWA, Appellee.
from the Iowa District Court for Des Moines County, John G.
review from the Iowa Court of Appeals.
petitioner for postconviction relief seeks further review of
a court of appeals decision that he did not have a
constitutional right to the effective assistance of counsel
in those proceedings. DECISION OF COURT OF APPEALS
VACATED; DISTRICT COURT JUDGMENT AFFIRMED.
A. Henkelvig of Henkelvig Law, Danville, for appellant.
J. Miller, Attorney General, Bridget A. Chambers, Assistant
Attorney General, Amy Beavers, County Attorney, and Patricia
Lenzendorf, Assistant County Attorney, for appellee.
postconviction-relief (PCR) proceeding, the applicant claims
postconviction counsel was ineffective in presenting evidence
at the PCR hearing to support his claim of ineffective
assistance of trial counsel. We primarily consider his
request that the case be remanded to the postconviction court
to give him an opportunity to present evidence to support the
because the record on appeal is inadequate for us to address
the claim. We conclude remand is not available, and the
ineffective-assistance-of-postconviction-counsel claim must
be brought in a separate application for PCR. We vacate the
decision of the court of appeals and affirm the decision of
the district court.
Background Facts and Proceedings.
facts of this case resulted in the prosecution and conviction
of DeAndre Goode for the crime of robbery in the second
degree. Shortly before midnight on November 24, 2012, George
Petree returned to his home from a local grocery store. As he
ascended the concrete stairs leading from the sidewalk to his
home, he caught a glimpse of an African-American male, later
identified as DeAndre Goode, running towards him. Goode
punched him in the face, and he fell to the ground. Goode
continued to punch and kick Petree, who curled into a ball to
protect himself. Two other men then joined Goode, and all
three men continued the physical assault. One of the men
announced he had a gun and wanted to shoot Petree. At that
point, Petree begged him not to for the sake of his daughter
and told them to take his money. The three men took
Petree's jacket and wallet and ran from the scene.
Petree's wallet contained his debit and credit cards,
driver's license, social security card, and other
month after the robbery, one of the credit cards was used to
make purchases online and at a Wal-Mart store. Someone also
applied for a credit card online under Petree's name.
Police were able to obtain surveillance video from Wal-Mart
and identified Goode and two other individuals from the
officers obtained the Internet protocol address used for the
online application after supplying a subpoena to the Internet
provider. The Internet provider then gave police the street
address connected to the address. The street address belonged
to Goode. Goode admitted to being at Wal-Mart when the
transactions occurred but denied any knowledge of the
robbery. He claimed a friend purchased Petree's credit
cards from a man selling them on the street.
officers subsequently created a photo lineup that included a
photograph of Goode. Petree viewed the photo array and picked
Goode out of the photo array as the man who initially punched
him in the face. He indicated he was 100% positive in his
State charged Goode with robbery, and the case proceeded to a
jury trial. Goode testified at trial that he was at his
apartment watching television with his daughter and a friend
on the night of the attack. He also claimed he posted various
photos taken that day on Facebook around the time of the
incident, thus establishing an alibi.
jury found Goode guilty of second-degree robbery. The
district court subsequently imposed judgment and sentence. It
ordered Goode to serve ten years in prison with a mandatory
minimum period ...