Chanjuok Obuing Odhung v. State of Iowa

CourtCourt of Appeals of Iowa
DecidedJanuary 10, 2024
Docket22-1258
StatusPublished

This text of Chanjuok Obuing Odhung v. State of Iowa (Chanjuok Obuing Odhung v. State of Iowa) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chanjuok Obuing Odhung v. State of Iowa, (iowactapp 2024).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 22-1258 Filed January 10, 2024

CHANJUOK OBUING ODHUNG, Applicant-Appellant,

vs.

STATE OF IOWA, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin,

Judge.

Chanjuok Odhung appeals the denial of his application for postconviction

relief. AFFIRMED.

Nicholas Einwalter, Des Moines, for appellant.

Brenna Bird, Attorney General, and Linda J. Hines, Assistant Attorney

General, for appellee State.

Considered by Bower, C.J., and Tabor and Buller, JJ. 2

TABOR, Judge.

When Chanjuok Odhung directly appealed his first-degree robbery

conviction three years ago, we advised him that he could only challenge his trial

counsel’s performance in a postconviction relief (PCR) action.1 He does so now.

Odhung asserts two claims of ineffective assistance: (1) failure to protect his right

to an impartial jury by raising a fair-cross-section challenge2 and (2) failure to be

more specific in moving for judgment of acquittal. In a third claim, Odhung seeks

retrial based on newly discovered evidence—an affidavit provided by his alleged

accomplice stating Odhung was not involved in the planning and execution of the

bank robbery.3

On the ineffective-assistance-of-counsel claims, Odhung failed to prove

prejudice stemming from the performance of his trial or PCR attorneys. As for the

newly discovered evidence, we share the PCR court’s view that it did not warrant

a new trial. We thus affirm the denial of relief.

I. Facts and Prior Proceedings

In March 2019, nineteen-year-old Odhung led police on a high-speed chase

through the streets of Des Moines in a red Mercury Mountaineer. The chase ended

when two patrol cars conducted PIT4 maneuvers, spinning the fleeing vehicle and

1 State v. Odhung, No. 19-1873, 2020 WL 5650551, at *1 (Iowa Ct. App. Sep. 23,

2020) (declining to address ineffective-assistance claims or to extend protections against cruel-and-unusual punishment for juveniles under State v. Lyle, 854 N.W.2d 378, 404 (Iowa 2014), to nineteen-year-old Odhung). 2 Odhung blames both his trial attorney and PCR counsel for this alleged error. 3 Odhung went to jury trial in September 2019. His co-defendant Diamond Macon

pleaded guilty to first-degree robbery, and he provided his affidavit to Odhung in January 2020. 4 PIT stands for pursuit and intervention technique, according to the testimony of

Officer Alycia Peterson. 3

blocking its path. At gunpoint, officers removed Odhung from the driver’s seat;

they also ordered seventeen-year-old Macon out of the rear passenger side. As

Macon climbed out, a colorful backpack—tangled around his feet—fell on the

roadway. Inside the backpack police found a handgun and cash recently stolen

from the Great Western Bank. The State charged both Odhung and Macon with

first-degree robbery.

At Odhung’s trial, the State presented testimony from a customer who was

making a drive-up deposit when he witnessed an armed robbery inside the bank.

He saw tellers putting money into the robber’s floral, multi-colored backpack. After

calling 911, the customer followed the gunman, later identified as Macon, as he

walked down an alley past a McDonald’s restaurant. He saw the gunman hop into

a red getaway vehicle about a block from the bank. The customer followed the

getaway vehicle for several blocks until he was confident that law enforcement was

in pursuit. The State also offered testimony from bank employees and several

police officers involved in the chase and subsequent investigation.

Taking the stand in his own defense, Odhung acknowledged knowing

Macon from school, but insisted they were not close friends. Odhung testified

Macon called him the morning of the chase, asking if he wanted to go smoke some

“weed.” According to his testimony, Odhung then met Macon, who was driving the

Mountaineer. They went to Macon’s house where Macon changed into dark

clothing. Macon asked Odhung if he wanted to drive. Macon then gave Odhung

“directions on where to go.” They parked near a McDonald’s, and Odhung turned

off the engine. Macon left the car saying, “he had something to do.” Odhung

recalled Macon taking something along that “had some colors on it.” A few minutes 4

later, Macon “jumped” into the rear passenger seat holding a gun. Odhung said

Macon pointed the gun at him and told him to drive. Odhung testified, “I felt that

he was going to shoot me if I didn’t do what he told me to do.” Odhung told the

jury that Macon was shouting directions. Noticing a car following, Macon

commanded Odhung to “drive faster” and “lose them.” Odhung testified, “My heart

was pounding. I didn’t know what to do. I felt like if I did anything less than what

he told me, I would have died that day.” Odhung claimed that he and Macon never

discussed robbing anyone.

Rejecting his testimony, an all-white jury convicted Odhung of aiding and

abetting first-degree robbery. The court sentenced him to a twenty-five-year prison

term with a fifty-percent mandatory minimum.

After our court affirmed his conviction and sentence, Odhung petitioned for

PCR alleging trial counsel Ronald Langford was ineffective (1) by not challenging

the racial makeup of the jury pool and (2) by not focusing on Odhung’s lack of

knowledge in moving for judgment of acquittal. Odhung also argued that newly

discovered evidence entitled him to a new trial, citing Macon’s sworn statement

that Odhung was unaware of his plan to rob the bank. PCR counsel called Macon

and Odhung as witnesses. The State offered a deposition of attorney Langford as

evidence. The PCR court rejected Odhung’s ineffective-assistance claims for lack

of prejudice. As for the newly-discovered-evidence claim, the court found that

Odhung did not prove that Macon’s post-verdict affidavit had a reasonable

probability of changing the trial’s outcome.

Odhung appeals. 5

II. Scope and Standards of Review

We review PCR rulings for the correction of legal errors, unless they involve

constitutional claims; then our review is de novo. More v. State, 880 N.W.2d 487,

498 (Iowa 2016).5 We review Odhung’s claim based on newly discovered

evidence for corrections of errors at law. See id.

III. Analysis

A. Ineffective Assistance of Counsel

To prevail on his claims of ineffective assistance of counsel, Odhung must

prove (1) counsel breached an essential duty and (2) prejudice resulted. See

Lamasters v. State, 821 N.W.2d 856, 866 (Iowa 2012). To show prejudice, he

must prove “a reasonable probability exists that, but for counsel’s unprofessional

errors, the result of the proceeding would have been different.” Id. (quoting

Strickland v. Washington, 466 U.S. 668, 694 (1984)). His inability to prove either

element dooms his case. See id. “[W]hen the claim is that counsel was ineffective

in failing to move for judgment of acquittal, this implicates the question whether

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Related

Strickland v. Washington
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515 N.W.2d 12 (Supreme Court of Iowa, 1994)
State of Iowa v. Travis Howard Richard Beck
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930 N.W.2d 319 (Supreme Court of Iowa, 2019)
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