Hart v. State

448 N.W.2d 682, 1989 Iowa App. LEXIS 318, 1989 WL 147813
CourtCourt of Appeals of Iowa
DecidedOctober 5, 1989
Docket88-1387
StatusPublished
Cited by1 cases

This text of 448 N.W.2d 682 (Hart v. State) 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
Hart v. State, 448 N.W.2d 682, 1989 Iowa App. LEXIS 318, 1989 WL 147813 (iowactapp 1989).

Opinion

SACKETT, Judge.

In this postconviction relief proceeding, applicant-appellant Stanley L. Hart contends he received ineffective assistance, of trial counsel following his conviction of aiding and abetting in the first degree murder of his Aunt Marilyn.

Hart filed a direct appeal that was dismissed under Iowa R.App.P. 104. His appellate attorney, however, determined the record was not sufficient to address the issue of effective assistance of counsel and asked that this issue be reserved for subsequent proceedings. Hart then filed this petition for postconviction relief, challenging the effectiveness of his trial counsel. The district court failed to grant him post-conviction relief and this appeal follows. We affirm.

This case presents a tragic scenario. Hart, at the age of seventeen, manifested a desire to kill his Aunt Marilyn. Marilyn was caring for Hart’s grandmother. Hart apparently was convinced his aunt was treating his grandmother badly. Hart was intent on killing his aunt because he felt by doing so he would gain control of his grandmother’s money. The State presents substantial and uncontroverted evidence of scheming by Hart to effectuate the murder and dispose of his aunt’s body, and of several aborted attempts by Hart to have his aunt killed.

On March 13, 1984, Hart’s aunt died as a result of multiple stab wounds. A juvenile named John Allen confessed to the murder. There was testimony Hart offered Allen $3,000 and a car to commit the crime. On the day of the murder, Hart and a friend gave Allen whiskey until he was drunk. They then drove him to Marilyn’s house, *684 gave him a knife, and dropped him off at her driveway, telling him to kill her. Both Allen and the accompanying friend implicated Hart in the plot.

At trial, Hart presented a diminished capacity defense to the jury through the testimony of two psychiatrists, Thomas Hansen and R. Paul Penningroth. Hansen testified that on March 13, 1984, Hart was sane and suffered from no major mental disorder. Hansen did, however, diagnose Hart as having an adjustment disorder with disturbance of conduct. The behavior traits exhibited by Hart which led Dr. Hansen to this diagnosis included: immaturity, naivete, instability, and an inability to take responsibility for his own actions. It was Dr. Hansen’s opinion that although Hart was capable of willful action and had the intellectual ability to premeditate murder, his turmoil, immaturity, and fantasy world prevented him from fully appreciating the consequences of his actions.

Dr. Penningroth’s testimony was consistent with Dr. Hansen’s in most respects. He had arrived at the same diagnosis of Hart, after meeting with him twenty-four or twenty-five times during Hart’s three-week stay at St. Luke’s Hospital in Cedar Rapids. Penningroth agreed that Hart’s adjustment disorder “diminish[ed] his ability to premeditate,” because “he wasn’t able fully to think through the consequences [of] his actions.” Penningroth did concede, on cross-examination, he believed Hart had willfully formed the specific intent to kill his aunt on March 24, 1984.

Hart asserts ineffective assistance of counsel, arguing the district court applied too strict a standard of prejudice in assessing his claims. He contends his trial counsel were ineffective in (1) failing to adequately represent him at a pretrial continuance hearing and effectively preparing a diminished capacity defense; (2) failing to properly examine Drs. Hansen and Pennin-groth; and (3) deciding to disclose and utilize English papers written by Hart to bolster the diminished capacity defense.

Hart’s first contention is the trial court applied too strict a standard of prejudice. We make an independent evaluation of the totality of the relevant circumstances; this is the equivalent of a de novo review. Taylor v. State, 352 N.W.2d 683, 684 (Iowa 1984). Hart bears the burden of proving by a preponderance of the evidence that (1) counsel failed to perform an essential duty, and (2) prejudice resulted. State v. Risdal, 404 N.W.2d 130, 131-32 (Iowa 1987).

Hart must overcome a presumption that his counsel is competent. Strickland v. Washington, 466 U.S. 668, 688-90, 104 S.Ct. 2052, 2065-66, 80 L.Ed.2d 674, 693-95 (1984); Taylor v. State, 352 N.W.2d at 685. Reasonableness under prevailing professional norms is the standard under which we measure counsels’ performance. State v. Risdal, 404 N.W.2d at 132. That reasonableness is evaluated from counsels’ perspective at the time of the alleged error in light of all the circumstances. Kimmelman v. Morrison, 477 U.S. 365, 381, 106 S.Ct. 2574, 2586, 91 L.Ed.2d 305, 323 (1986).

If Hart can show counsel failed to perform an essential duty, he then must establish that he was prejudiced by demonstrating there is a reasonable probability but for counsel’s unprofessional errors, the result of the proceeding would have been different. See Strickland v. Washington, 466 U.S. at 694, 104 S.Ct. at 2068, 80 L.Ed.2d at 698. Speculative claims of prejudice, unsupported by the record, will not support an ineffectiveness claim. See State v. Yaw, 398 N.W.2d 803, 807 (Iowa 1987). We determine this is the standard the trial court applied. We find no error on this issue.

Hart next contends his trial counsel did not effectively represent him at the continuance hearing to gain sufficient time to enable the doctors to prepare for his defense, trial counsel did not see that Hart had a thorough and complete psychiatric examination to enable his expert witnesses to withstand cross-examination, and trial counsel did not properly examine the experts during trial so as to effectively present their professional opinions on the diminished responsibility defense.

The first, and what we determine to be the most crucial, inquiry on this issue is *685 what the postconviction record shows would have occurred differently at trial had the experts had more time. Defense attorneys retained as expert witnesses Dr. Thomas Hansen and Dr. R. Paul Pennin-groth, psychiatrists. On July 5, 1984, an Application for Authority to Transfer the Defendant for Psychiatric Examination was filed, and the same was granted on July 12, 1984. The order provided Hart would be transferred to St. Lukes Hospital in Cedar Rapids until the examination was completed. Hart was hospitalized and examined for approximately three weeks. Toward the end of this period the examining physicians indicated additional time was needed to prepare their findings and conduct further testing. Hart’s attorney believed he needed sixty more days to prepare for trial. The court granted a one-week continuance.

Dr. Hansen admitted on cross-examination at Hart’s first trial that he did not see certain reports because of the time factor and he did not have the time he would like to have had to prepare for testifying. However, this is not sufficient to show more favorable testimony would have been obtained.

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448 N.W.2d 682, 1989 Iowa App. LEXIS 318, 1989 WL 147813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-state-iowactapp-1989.