WRIGHT-BEY v. STATE

No. 88-17.

444 N.W.2d 772 (1989)

Duane Eddie WRIGHT-BEY, Applicant-Appellant, v. STATE of Iowa, Resister-Appellee.

Court of Appeals of Iowa.

May 23, 1989.


Attorney(s) appearing for the Case

Stephen J. Rapp, Waterloo, for applicant-appellant.

Thomas J. Miller, Atty. Gen., Sarah J. Coats, Asst. Atty. Gen., and Scott Lemke, Asst. County Atty., for resister-appellee.

Considered by SCHLEGEL, P.J., and HAYDEN and SACKETT, JJ., but decided en banc.


SACKETT, Judge.

In this appeal from denial of postconviction relief we address the claim of defendant, a black man, he was denied effective assistance of counsel because his trial attorney failed to challenge the State's peremptory challenges which excluded the only two nonwhite persons from the jury panel. Because we find defendant has failed to meet his burden of showing if the challenge had been made there was a reasonable probability the outcome of his trial would...

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