Timothy Duane Smith
v.
State of Iowa
The State seeks further review of the court of appeals decision reversing and remanding the denial of Timothy Duane Smith’s postconviction application. The court of appeals found that trial counsel provided ineffective assistance of counsel in failing to request additional peremptory strikes resulting in not being able to raise error on appeal amounting to Strickland prejudice.
Applicant
Timothy Duane Smith
Resister
State of Iowa
Attorney for the Applicant
Gary Dickey
Attorney for the Resister
Genevieve Reinkoester
Supreme Court
Oral Argument Schedule
15-15-5
Apr 11, 2024 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cass County, Greg W. Steensland, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., Schumacher, J., and Blane, S.J. Opinion by Blane, S.J. Dissent by Schumacher, J. (21 pages)
Timothy Smith appeals the denial of his application for postconviction relief (PCR). Smith claims trial counsel failed to (1) request additional strikes when the trial court refused to grant challenges for cause of prospective jurors, (2) move for a mistrial due to claimed juror misconduct, and (3) call witnesses that had evidence favorable to his defense. He also passively claims cumulative errors amount to prejudice. OPINION HOLDS: We find counsel was ineffective in failing to request additional strikes to preserve error under State v. Jonas, and that failure here constituted prejudice. We reverse and remand for a new trial. DISSENT ASSERTS: As Smith failed to demonstrate prejudice in regard to the peremptory strikes and failed to prove a breach of duty by his trial counsel regarding jury misconduct and defense witnesses, the district court’s denial of Smith’s PCR application should be affirmed.