State v. Wilkens

WOLLE, Justice.

Delbert Eugene Wilkens was tried by jury and convicted of premeditated first degree murder in violation of Iowa Code section 707.2(1) (1981). On appeal he asserts that (1) his trial counsel was ineffective for failing to present adequately a diminished capacity defense and (2) the evidence was insufficient to support the verdict of first degree murder. Finding no merit in either contention, we affirm the defendant’s conviction.

Defendant was convicted of murdering Harry Harville at Rusty’s tavern in Ottum-wa, Iowa. There is little dispute about the events which led up to the…