Craig Eugene Smith v. Rusty Rogerson, Warden, Iowa State Medical and Classification Center

DIANA E. MURPHY, Circuit Judge.

After Craig Eugene Smith killed Craig Allen in an area frequented by homeless people, a shelter worker put him in touch with John Wellman, an experienced criminal defense attorney. Wellman met with Smith and advised him to make a statement to the police. At trial some of Smith’s statements to the police were admitted against him. He was convicted of first degree murder and sentenced to life. Smith then raised ineffective assistance of counsel claims in a post-trial motion and on his direct appeal in state court. He was unsuccessful there and later brought this…