State Of Iowa Vs. Wayne Samuel Barnes

TERNUS, Chief Justice.

The State seeks further review of a court of appeals’ decision reversing the defendant’s conviction for burglary in the third degree and theft in the second degree, both as a habitual offender, on the ground trial counsel was ineffective in failing to request a corroboration instruction. Because we agree the defendant failed to establish that, had the instruction been given, a reasonable probability existed the outcome would have been different, we vacate the decision of the court of appeals and affirm the judgment of the district court.

I. Background Facts and…