Bizzett v. Brewer

UHLENHOPP, Justice.

In this appeal we pass upon the merits of the application for postconviction relief of Darrell E. Bizzett, whom we will refer to as defendant. Code 1977, § 663A.9. While our review is on error, Benton v. State, 199 N.W.2d 56 (Iowa), where a basic constitutional safeguard is involved we independently review the totality of the circumstances. State v. Cullison, 227 N.W.2d 121 (Iowa).

Two trials are involved, the original homicide trial in 1971 and the instant post-conviction trial in 1976. In the homicide trial a jury convicted defendant. He then appealed, and we affirmed.…