Holmes v. State

775 N.W.2d 733, 2009 Iowa App. LEXIS 1381, 2009 WL 3337634
CourtCourt of Appeals of Iowa
DecidedOctober 7, 2009
Docket08-1550
StatusPublished
Cited by54 cases

This text of 775 N.W.2d 733 (Holmes 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
Holmes v. State, 775 N.W.2d 733, 2009 Iowa App. LEXIS 1381, 2009 WL 3337634 (iowactapp 2009).

Opinion

DOYLE, J.

Thomas DeShawn Holmes appeals following the district court’s denial of his application for postconviction relief. We affirm the judgment of the district court.

I. Prior Proceedings.

Following a bench trial in February 2000, Holmes was convicted of first-degree kidnapping and first-degree robbery. He was sentenced to life in prison without parole on the kidnapping charge to be served concurrently with an indeterminate twenty-five-year sentence on the robbery charge. Holmes appealed, raising two claims: (1) the district court erred in denying his motion to suppress body samples taken from him following an arrest for interference with official acts that was later deemed unlawful and (2) the court erred in admitting the victim’s in-court identification of him and testimony from the State’s fingerprint and DNA experts. See State v. Holmes, No. 00-950, 2001 WL 1577584 (Iowa Ct.App. Dec. 12, 2001). We denied those claims and affirmed his convictions and sentence. Id.

Holmes filed a pro se application for postconviction relief in March 2002. That application was amended at least five times by Holmes and the various attorneys that represented him during the postconviction proceedings. Following several motions to dismiss filed by the State on res judicata and statute of limitations grounds, Holmes’s application finally came before the district court for hearing in March 2008. By that time, the grounds for relief presented in the application had been narrowed to seven, each of which was denied by the district court in a detailed ruling.

Holmes appeals. He now claims his appellate and postconviction counsel rendered ineffective assistance for (1) “failing to demonstrate that, contra[r]y to the court of appeals findings, much of the independent evidence on which the court of appeals upheld the validity of the search warrant was not discovered until after Mr. Holmes’s unlawful arrest”; (2) “failing to argue that some of the ‘untainted’ facts on which the court of appeals upheld the validity of the search warrant were, in fact, the result of Mr. Holmes’s unlawful arrest”; and (3) “failing to challenge the admission of physical samples obtained from Mr. Holmes because they were a direct product of his unlawful arrest.” He additionally claims his trial, appellate, and postconviction counsel rendered ineffective assistance because they did not challenge *735 the sufficiency of the evidence on his first-degree kidnapping conviction. For the reasons that follow, we believe only the latter claim is properly presented for our review.

II. Discussion.

A. Search Warrant and Unlawful Arrest Issues.

Iowa Code section 822.8 (2001) provides in relevant part:

Any ground finally adjudicated ... in the proceeding that resulted in the conviction or sentence, or in any other proceeding the applicant has taken to secure relief, may not be the basis for a subsequent application, unless the court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application.

This provision of the statute is “clear and unambiguous.... Relitigation of previously adjudicated issues is barred.” State v. Wetzel, 192 N.W.2d 762, 764 (Iowa 1971). “‘A post-conviction proceeding is not intended as a vehicle for relitigation, on the same factual basis, of issues previously adjudicated, and the principle of Res judi-cata bars additional litigation on this point.’ ” Id. (citation omitted).

The first three issues identified above, although two are expressed as claims of ineffective assistance of counsel, are in effect direct attacks on this court’s holding on direct appeal. See State v. Holmes, No. 00-950, 2001 WL 1577584 (Iowa Ct.App. Dec.12, 2001). Under our rules of appellate procedure, Holmes’s remedy was to seek further review of our decision from our supreme court. See Iowa R.App. P. 6.402. He did so and review was denied. Our decision on direct appeal is thus final as to all issues decided therein, and is binding upon both the post-conviction court and this court in subsequent appeals. See State v. Grosvenor, 402 N.W.2d 402, 405 (Iowa 1987). Holmes cannot now relitigate issues decided adversely to him on direct appeal. See Wycoff v. State, 382 N.W.2d 462, 465 (Iowa 1986) (“Issues that have been raised, litigated, and adjudicated on direct appeal cannot be relitigated in a postconviction proceeding.”); LeGrand v. State, 540 N.W.2d 667, 669 (Iowa Ct.App.1995) (declining to “readdress the propriety of our prior decision” in a postconviction proceeding raising a claim previously decided on direct appeal). We therefore proceed to the merits of Holmes’s final claim: whether his trial, appellate, and postconviction counsel rendered ineffective assistance for not challenging the sufficiency of the evidence on the first-degree kidnapping conviction. Our review of this constitutional claim is de novo. Ledezma v. State, 626 N.W.2d 134, 141 (Iowa 2001).

B. Sufficiency of the Evidence Issue.

In order to establish his trial, appellate, and postconviction counsel were ineffective for failing to challenge the sufficiency of the evidence on the first-degree kidnapping conviction, Holmes must show both that his attorneys failed in an essential duty and that the failure resulted in prejudice. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984). Because counsel has no duty to raise a meritless issue, we begin by examining whether Holmes’s sufficiency-of-the-evidence claim has any validity. See State v. Dudley, 766 N.W.2d 606, 620 (Iowa 2009).

A trial court’s finding of guilt is binding on appeal if supported by substantial evidence. See State v. Thomas, 561 N.W.2d 37, 39 (Iowa 1997). Substantial evidence is evidence from which a rational finder of fact could find a defendant guilty *736 beyond a reasonable doubt. State v. Rohm, 609 N.W.2d 504, 509 (Iowa 2000).

A key element of kidnapping in the first degree requires the defendant to remove the victim from one place to another or confine the victim without the consent of the victim to do so. Iowa Code § 710.1; State v. Bentley,

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Bluebook (online)
775 N.W.2d 733, 2009 Iowa App. LEXIS 1381, 2009 WL 3337634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-state-iowactapp-2009.