Legal Opinion · Dissent

Bowman v. State

Supreme Court of Iowa

Decided February 17, 2006No. 03-1769Published

1DissentCarter, Justice

I respectfully dissent.

Prosecutorial- misconduct by itself is not a basis for overturning a criminal conviction. It must be shown that the misconduct denied the defendant a fair trial. State v. Wilkins, 693 N.W.2d 348, 352 (Iowa 2005). This requirement to demonstrate prejudice exists even in those cases in which error has been preserved at trial. Id.; State v. Piper, 663 N.W.2d 894, 913 (Iowa 2003). When, as here, the issue is raised in the context of an ineffective-assistance-of-counsel claim, the degree of prejudice that must be shown is that set forth in Strickland v. Washington, 466 U.S.…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. GravesSupreme Court of Iowa · 2003
  3. State v. PiperSupreme Court of Iowa · 2003
  4. State v. WilkinsSupreme Court of Iowa · 2005

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API