State of Iowa v. Anthony Antoine Harris
State of Iowa v. Anthony Antoine Harris
Opinion
A jury convicted Anthony Harris on one count of possession of methamphetamine with intent to deliver, in violation of Iowa Code section 124.401(1)( c )(6) (2016), and two counts of delivery of a controlled substance, methamphetamine, in violation of Iowa Code section 124.401(1)( c )(6). He appealed his convictions. We transferred the case to our court of appeals.
The court of appeals reached two issues on appeal. First, it found the record contained sufficient evidence to support the jury verdicts. Second, it found Harris failed to preserve error in this appeal on his ineffective-assistance-of-counsel hearsay *754 claim. It then stated that although Harris argued the court of appeals could consider his hearsay claim as an ineffective-assistance-of-counsel claim, it refused to do so. In its opinion, it not only refused to consider the claim as an ineffective-assistance-of-counsel claim, it denied the hearsay claim on its merits because Harris failed to preserve his challenge.
Harris asked for further review, which we granted. On further review, we have the discretion to review all or some of the issues the parties raised on appeal.
State v. Clay,
We will consider, however, Harris's ineffective-assistance-of-counsel claim on further review. When counsel fails to preserve error at trial, a defendant can have the matter reviewed as an ineffective-assistance-of-counsel claim.
State v. Brubaker
,
Here the court of appeals found Harris did not preserve error on his challenge to the implied hearsay testimony. Moreover, it rejected his argument that if error was not preserved, his trial counsel was ineffective. Specifically, the court of appeals found Harris waived his ineffective-assistance claim by only including a cursory discussion of ineffective assistance in a footnote. Upon our de novo review, we find this is error.
If the development of the ineffective-assistance claim in the appellate brief was insufficient to allow its consideration, the court of appeals should not consider the claim, but it should not outright reject it.
State v. Johnson
,
Accordingly, we affirm the part of the court of appeals decision finding the evidence was sufficient for the jury to convict Harris, reverse the part of the court of appeals decision denying Harris's ineffective-assistance-of-counsel claim on the hearsay claim, and affirm the judgment of the district court. By reaching this disposition, Harris can bring a separate postconviction-relief action based on his ineffective-assistance-of-counsel claim regarding hearsay, if he so wishes.
DECISION OF COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED.
Reference
- Full Case Name
- STATE of Iowa, Appellee, v. Anthony Antoine HARRIS, Appellant.
- Cited By
- 75 cases
- Status
- Published