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Goode v. State

Supreme Court of Iowa

November 16, 2018

DEANDRE D. GOODE, Appellant,
v.
STATE OF IOWA, Appellee.

          Appeal from the Iowa District Court for Des Moines County, John G. Linn, Judge.

         On review from the Iowa Court of Appeals.

         A 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.

          Trent A. Henkelvig of Henkelvig Law, Danville, for appellant.

          Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, Amy Beavers, County Attorney, and Patricia Lenzendorf, Assistant County Attorney, for appellee.

          CADY, Chief Justice.

         In this 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 ineffective-assistance-of-postconviction-counsel claim 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.

         I. Background Facts and Proceedings.

         The 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 miscellaneous items.

         About a 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 video.

         Police 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.

         Police 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 selection.

         The 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.

         The 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 ...


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