STATE v. BARNES

No. 08-0519.

791 N.W.2d 817 (2010)

STATE of Iowa, Appellee, v. Wayne Samuel BARNES, Appellant.

Supreme Court of Iowa.

December 23, 2010.


Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Bridget A. Chambers , Assistant Attorney General, and Cynthia L. Voorde , County Attorney, for appellant.

Mark C. Smith , State Appellate Defender, and Patricia A. Reynolds , Assistant State Appellate Defender, for appellee.


TERNUS, Chief Justice.

The State seeks further review of a court of appeals' decision reversing the defendant's conviction for burglary in the third degree and theft in the second degree, both as a habitual offender, on the ground trial counsel was ineffective in failing to request a corroboration instruction. Because we agree the defendant failed to establish that, had the instruction been given, a reasonable probability existed the outcome would have been different...

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