Phouc Nguyen v. State

707 N.W.2d 317, 2005 Iowa Sup. LEXIS 166, 2005 WL 3501872
CourtSupreme Court of Iowa
DecidedDecember 23, 2005
Docket04-0223
StatusPublished
Cited by34 cases

This text of 707 N.W.2d 317 (Phouc Nguyen 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
Phouc Nguyen v. State, 707 N.W.2d 317, 2005 Iowa Sup. LEXIS 166, 2005 WL 3501872 (iowa 2005).

Opinion

CADY, Justice.

In this appeal, we primarily consider whether trial counsel’s failure to object to prosecutorial misconduct condemned in State v. Graves, 668 N.W.2d 860 (Iowa 2003), resulted in prejudice sufficient to support postconviction relief. The district court granted postconviction relief. It found that questions the prosecutor asked the defendant during cross-examination in a murder case involving the defense theory of mistaken identity, which required the defendant to answer whether specific State’s witnesses to the incident were either lying or mistaken, resulted in prejudice and warranted a new trial. We transferred the case to the court of appeals. The court of appeals reversed the district court decision. For the reasons that follow, we agree with the conclusion reached by the court of appeals. We vacate the decision of the court of appeals and reverse the judgment of the district court.

I. Background Facts and Proceedings

Phuoc Nguyen was charged with first-degree murder after he was arrested for *319 participating in the drive-by shooting of Monty Thomas on July 15, 1998. The shooting occurred outside a bar on Forest Avenue in Des Moines called The Cloud. Nguyen claimed he was the victim of mistaken identity. The case proceeded to trial. The State called six eyewitnesses to support its claim that Nguyen was present at the scene and participated in the shooting. These witnesses were Elgin Byron, Shawn Duncan, David Gray, Owen Smith, Rodney Martin, and Deb Doherty.

Elgin Byron, a cousin of the shooting victim, identified Nguyen as the driver of the car involved in the shooting. Byron testified that between 8:30 and 8:45 on the evening of the shooting, as the sun was setting, he was at the Drake Liquor Store on Forest Avenue about a block from The Cloud. As he left the store to go to his car, he saw a dark-colored vehicle turn west from Martin Luther King Boulevard onto Forest Avenue and stop in the middle of the street in front of The Cloud. Byron was attracted to the vehicle because its tires “screeched” as it turned the corner. After the car stopped, he heard “a lot of shooting.” Byron immediately ran back into the store and told the clerk to call 9-1-1. He then exited the store and observed the dark car speed west on Forest Avenue — toward him — then turn south on 21st Street. The car drove past Byron to turn on 21st Street. He recognized the car from having seen it at the bank where he worked. He also recognized the driver, Nguyen, as a bank customer.

Shawn Duncan testified that he was standing outside The Cloud when the shooting occurred. He could not identify Nguyen, but he testified the shots came from “a four-door Mitsubishi Diamante between a '95 and '97 model.” In addition, Duncan identified Thanh Dao, who was a passenger in the car when Nguyen was arrested, as a shooter.

David Gray testified that he came upon a dark-colored car as he was driving east on Forest Avenue on July 15. The car was stopped, facing oncoming traffic, in front of The Cloud. After he stopped his vehicle, he observed the passenger and driver step out of the dark-colored car, fire shots, and return to the car. The car then sped away. Gray wrote down the following information on a brochure he had in his car: “376 ETA,” “black guy,” “Oriental,” “a black car,” and “Cougar?” Additionally, Gray identified Thanh Dao as the passenger. Gray initially identified the driver as African-American (Nguyen is Vietnamese). At trial, Gray explained: “[The driver] had black hair and wasn’t that much taller than the damn door and he was dark complected, you know, [the event] was happening so fast I assumed he was black, and that’s what I wrote down on my brochure.”

Owen Smith was also at The Cloud on July 15, 1998. He testified that he saw Nguyen and Dao outside The Cloud shortly before the shooting. Dao indicated he was looking for an ounce of cocaine and ended up walking down the alley with some men to conduct a drug deal. Nguyen waited by the car, talking to Smith. When Dao returned from the alley, he had been beaten, was barefoot and screaming in a foreign language. Nguyen got in the car and drove away, and Dao ran back down the alley. Then Smith went into The Cloud, had a beer, and went back outside. Once outside, he saw a black car pull up with four Asian occupants. He knew “what was getting ready to happen.” Smith immediately ran around to the back of The Cloud, as the sounds of a hail of gunshots rang out. He then entered the back door of The Cloud. After the shooting stopped, he saw Monty Thomas, a bar patron, lying on the floor. He had been mortally wounded.

*320 Rodney Martin invoked his privilege against self-incrimination and testified by deposition at the trial. 1 In his deposition, Martin testified that he saw Dao, Nguyen, and another man at The Cloud twenty-five to thirty minutes before the shooting. Dao wanted to buy some drugs, and a man named “T” indicated to Martin that he was going to rob Dao. Dao and “T” went down the alley by The Cloud, while Nguyen stayed in the car, and Martin and his cousin served as lookouts. Martin saw “T” beat Dao, choke him, and take his money. Martin said Nguyen and the third man heard Dao screaming for help and drove off. Martin and his cousin then left the bar, and a short time later, heard gunshots. Martin stated he recognized Nguyen, who was present at the deposition, because they attended the same high school.

Deb Doherty lived in the Drake Park neighborhood, three blocks west of The Cloud. On the evening of July 15, 1998, she and a friend drove to The Cloud following the shooting to observe the commotion. However, crime scene tape had been placed around the area, and they were unable to get near the bar. On the way back to her apartment, they came upon a dark-colored, four-door car parked in the middle of 21st Street. There were no occupants in the car at the time. However, she saw three Asian men appear and enter the car. Doherty wrote her observations on a piece of paper: “Three Asians,” “20+ years,” “376 ETA,” and “Dk. car.” She identified the person who entered the back of the car as Thanh Dao. She did not identify Nguyen.

Other evidence presented by the prosecution at trial included the testimony of two Des Moines police officers. Officer Steven Kees arrested Nguyen on July 15. He testified that he pulled Nguyen over in response to a radio dispatch that advised police to be on the lookout for a late-model Mitsubishi, license plate 376 ETA, occupied by Asian males. Kees saw the vehicle at a stop sign at 21st Street and Forest Avenue. He activated his emergency lights, and the car eventually stopped. Kees exited his patrol vehicle with his gun drawn and ordered everyone out of the car. Three Asian males exited: Thanh Dao, who was the backseat passenger; Nguyen, who was the driver; and Hieu Tran. All three were arrested. Nguyen was taken to the police station, questioned, and later released. However, an arrest warrant was issued the next day. Officer Holly Glenn served the warrant and arrested Nguyen at his parents’ house on July 16. After Glenn placed Nguyen in her police vehicle, she testified he asked, “Why am I being arrested?” Glenn replied, “You’re being arrested for the part you played in last night’s homicide.” Then, Glenn testified, Nguyen responded that “[a]ll he did was drive the car.

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Cite This Page — Counsel Stack

Bluebook (online)
707 N.W.2d 317, 2005 Iowa Sup. LEXIS 166, 2005 WL 3501872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phouc-nguyen-v-state-iowa-2005.