Odell Everett, Jr. Vs. State Of Iowa

WIGGINS, Justice.

The State seeks further review of a court of appeals’ decision reversing the district court’s denial of the defendant’s application for postconviction relief and ordering a new trial for the defendant. The State contends the court of appeals erred in finding the defendant’s claim that failure to obtain his presence when responding to a jury question required the defendant to receive a new trial. Because we conclude the defendant’s claim must be brought as a claim of ineffective assistance of counsel and under such an analysis he failed to establish prejudice, we vacate the…