Kellogg v. State

HARRIS, Justice.

In State v. Kellogg, 263 N.W.2d 539, 544 (Iowa 1978), we affirmed this petitioner’s conviction of second-degree murder. § 690.3, The Code 1975. For want of an adequate record, however, we reserved for a possible postconviction proceeding any consideration of Kellogg’s assertion he was denied effective counsel. Kellogg accepted our invitation and brought this postconvic.tion proceeding under chapter 663A, The Code 1979. He now appeals the trial court’s denial of his claim. We affirm the trial court.

I. The burden of proof is upon the postconviction petitioner to establish by a…