Bowman v. State
Supreme Court of Iowa
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
- Strickland v. WashingtonSupreme Court of the United States · 1984
- State v. GravesSupreme Court of Iowa · 2003
- State v. PiperSupreme Court of Iowa · 2003
- State v. WilkinsSupreme Court of Iowa · 2005