from the Iowa District Court for Carroll County, Dale E.
appeals the district court decision denying his request for
postconviction relief from his convictions of six counts of
third-degree sexual abuse.
Jennifer Frese of Johnson, Bonzer & Barnaby, PLC,
Marshalltown, for appellant.
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee State.
Considered by Mullins, P.J., Bower, J., and Scott, S.J.
Schneider appeals the district court decision denying his
request for postconviction relief from his convictions of six
counts of third-degree sexual abuse. We find Schneider has
not shown he received ineffective assistance of counsel
during his criminal trial. We affirm the district court's
decision denying his request for postconviction relief.
Background Facts & Proceedings
December 23, 2013, the State filed a trial information
charging Schneider with two counts of sexual abuse in the
second degree and four counts of sexual abuse in the third
degree. The State alleged Schneider engaged in sex acts with
his niece, C.N. The trial information covered the time period
from November 2006 to September 2009.
filed notice of his intent to depose C.N. and her mother, who
were then living in Florida. He asked to have the depositions
taken in Iowa, and the State resisted this request. The
district court ruled "it is the defendant's
responsibility to procure the witnesses for deposition"
and he would bear the costs of deposing out-of-state
witnesses. C.N. and her mother were not deposed before the
gave notice he had an alibi for the time periods from June
2007 to June 2008 and July 2010 to September 2011, when he
was serving in the Army overseas. At a pre-trial conference,
the district court raised the issue of whether the dates in
the trial information should be more specific. Schneider then
filed a motion for bill of particulars. On April 28, 2014,
the day before trial, the State filed an amended trial
information charging Schneider with six counts of
third-degree sexual abuse, in violation of Iowa Code section
709.4(2)(b) (2009). The first count corresponded to January
2009, the second to February 2009, and so forth, ending with
the sixth count corresponding to June 2009.
found Schneider guilty on all six counts of third-degree
sexual abuse. The district court denied Schneider's
motion for a new trial. He was sentenced to a term of
imprisonment not to exceed ten years on each count, with the
sentences on the first four counts to run consecutively with
each other and the sentences on the fifth and sixth counts to
run concurrently, for a total of forty years in prison.
Schneider's convictions were affirmed on appeal.
State v. Schneider, No. 14-1113, 2015 WL 2394127, at
*10 (Iowa Ct. App. May 20, 2015).
December 29, 2015, Schneider filed an application for
postconviction relief, claiming he received ineffective
assistance of counsel because defense counsel did not take
the depositions of C.N. and her mother or object to the
amendment of the trial information. After a hearing, the
district court denied Schneider's request for
postconviction relief. The court found he had not shown he
received ineffective assistance of counsel. Schneider now