Gamble v. State

723 N.W.2d 443, 2006 Iowa Sup. LEXIS 150, 2006 WL 3103035
CourtSupreme Court of Iowa
DecidedNovember 3, 2006
Docket04-1965
StatusPublished
Cited by26 cases

This text of 723 N.W.2d 443 (Gamble v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gamble v. State, 723 N.W.2d 443, 2006 Iowa Sup. LEXIS 150, 2006 WL 3103035 (iowa 2006).

Opinion

LARSON, Justice.

James Gamble was convicted of second-degree robbery under Iowa Code sections 711.1 and 711.3 (1999), and that conviction was affirmed by the court of appeals. Gamble filed an application for postconvic *444 tion relief under Iowa Code chapter 822, which was denied by the district court. The court of appeals affirmed, and we granted Gamble’s application for further review. We vacate the decision of the court of appeals, reverse the judgment of the district court, and remand.

I. Facts and Prior Proceedings.

In Gamble’s application for postconviction relief, filed on October 7, 2003, he requested the appointment of counsel. On October 23, 2003, the district court appointed an attorney and further directed that,

[pjursuant to Iowa Code section 822.6, counsel shall review the application with the applicant and determine if the application contains a proper claim for relief or whether the applicant has a viable claim for such relief
Counsel shall report to this Court on December 5, 2003, at 8:00 a.m. in Courtroom 313 as to the status of the Application for Post-Conviction Relief and/or file an Amended Application for Post Conviction Relief setting forth any viable claims under appropriate law, or file a report with the Court and/or Application to Withdraw, trial scheduling conference, or a Dismissal of the Application if it is determined the application does not have any viable claims.

(Emphasis added.) The italicized portions of this order, in substantially the same form, have apparently been in widespread use in Iowa. However, for reasons to be discussed, we conclude these types of provisions should not be used.

On January 30, 2004, Gamble’s attorney filed his report as ordered and, at the same time, filed an amended application. In his report, the attorney separately addressed each of Gamble’s claims, explaining what he had done to investigate each of them and his assessment of their merit. The attorney concluded that, except for one, all of Gamble’s claims lacked merit. The one exception was Gamble’s claim that his trial attorney had failed to impeach one of the State’s witnesses.

On February 18, 2004, Gamble filed a pro se supplement to his application and responded to his lawyer’s assessment of his case. Gamble waived six of the claims originally included in his application. However, he did not waive five remaining claims, including his pro se claims, and requested that the court address all of them.

The district court denied Gamble’s application. In so doing, it specifically addressed and rejected the one ineffective-assistance claim made by Gamble’s attorney. The court did not, however, address Gamble’s additional pro se claims. Gamble appealed, and his appellate counsel, likewise, raised only that claim advanced by his postconvietion counsel. Gamble filed a supplemental pro se brief, 1 arguing that the court erred in denying his application, that the court had abdicated its responsibility by incorporating his lawyer’s report in the court’s judgment, and that the court had failed to adjudicate Gamble’s pro se claims.

On this appeal, we do not address the merits of Gamble’s ineffective-assistance- *445 of-counsel claims; that will have to await another day, as this case must be remanded. Our focus is on Gamble’s claim that the district court erred by ordering his attorney to assess Gamble’s case, by adopting his counsel’s report, and by failing to address Gamble’s pro se claims.

II. The Court’s Order.

The court’s order on the postconviction application stated, in part, that, on January 30, 2004,

Mr. Denniston filed a report to the Court stating he could not find adequate evidence or law to support Petitioner’s original claims. The court agrees with Mr. Denniston’s analysis of the invalidity of these claims, and determines they do not establish a basis for postconviction relief based upon the reasoning set forth in Mr. Denniston’s findings which are incorporated by reference herein.

(Emphasis added.)

Despite the district court’s reliance on Iowa Code section 822.6 in ordering counsel to evaluate his client’s case, that section does not provide for such an evaluation; sections 822.6 and 822.7 clearly place, that responsibility on the court. Gamble complains that the court’s order for his attorney to assess and report on the validity of Gamble’s claims creates two problems: First, it places his counsel in a conflict-of-interest situation. (In fact, Gamble summed it up when he complained in his pro se brief on further review that his appointed counsel’s report “attacked and challenged the pro se claims.”) Second, this results in the court’s abdication of its own decision-making responsibility.

Section 822.6 contemplates that a claimant in a postconviction case will be allowed to have extensive pro se participation in the proceedings. This is evidenced by this language in section 822.6:

The court may make appropriate orders for amendment of the application or any pleading or motion, or pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form.

The statute even provides that, if an applicant fails to furnish an adequate record, the opposing party (here, the State) “shall file with its answer the record or portions thereof that are material to the questions raised in the application.”

Our case law, moreover, recognizes these accommodations. We have said:

A postconviction relief applicant may file applications, briefs, resistances, motions, and all other documents the applicant deems appropriate in addition to what the applicant’s counsel files. This qualification should give the applicant assurance that all matters the applicant wants raised before the district court will be considered.

Leonard v. State, 461 N.W.2d 465, 468 (Iowa 1990) (emphasis added). This is consistent with the general provision of section 822.7 that “[t]he court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented.”

It appears to be quite common practice among our district courts to require appointed counsel to evaluate their clients’ cases and to then rely on these evaluations in making the courts’ rulings. This reality has not been lost on Gamble, who, in his pro se brief on further review, cites Leonard and

requests the Court to retain this case and tell the district courts that they shall not abdicate their duty and responsibility to adjudicate each claim presented [and determine whether] a court-appointed attorney [has] the power and/or *446

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Bluebook (online)
723 N.W.2d 443, 2006 Iowa Sup. LEXIS 150, 2006 WL 3103035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamble-v-state-iowa-2006.