Manning v. State

• Decision Date: 18 December 2002
• Docket Number: No. 01-1245.,01-1245.
• Citation: 654 N.W.2d 555
• Parties: Leighton MANNING, Appellant, v. STATE of Iowa, Appellee.
• Court: Iowa Supreme Court

654 N.W.2d 555

Leighton MANNING, Appellant, v. STATE of Iowa, Appellee.

No. 01-1245.

Supreme Court of Iowa.

December 18, 2002.

Linda Del Gallo, State Appellate Defender and David Arthur Adams, Assistant Appellant Defender, Leighton Manning, pro se, for appellant.

Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Thomas J. Ferguson, Black Hawk County Attorney and Kimberly A. Griffith, Assistant County Attorney, for appellee.

LAVORATO, Chief Justice.

In this postconviction proceeding, Leighton Manning appeals from a district court judgment dismissing his application for postconviction relief. His sole challenge is that the district court should not have summarily dismissed his application without affording him an evidentiary hearing. Under the circumstances here, we agree. We therefore vacate the decision of the court of appeals, reverse the judgment of the district court, and remand the case.

I. Criminal Proceedings.

In May 1997, the State charged Manning with possession of a controlled substance (cocaine) with intent to deliver and failure to affix a drug tax stamp. Later, the State added an allegation that Manning was subject to sentencing provisions as a second offender. Seven months later, the State charged Manning with identical criminal charges and later added the second offender allegation.

In January 1998, Manning's counsel filed a motion to suppress and motions to dismiss. The record reveals no disposition of these motions.

In February 1998, Manning withdrew his not guilty pleas and entered guilty pleas. The district court sentenced Manning to serve a seventy-five-year term on each possession count concurrently with a five-year term on each failure to affix a drug tax stamp count. The sentences in each criminal case were to run concurrently.

Manning appealed. Following the appeal, his appellate appointed counsel moved to withdraw pursuant to Iowa Rule of Appellate Procedure 104 (now rule 6.104). Appellate counsel informed Manning by letter of the motion. In that letter, counsel also informed Manning that if he disagreed with counsel's conclusions about the merits of Manning's appeal, Manning must write the Iowa Supreme Court clerk to request another attorney and to raise "any points which you believe support your appeal." Manning did write the clerk, requested new appellate counsel, and raised several claims that his trial counsel was ineffective. Later, this court dismissed the appeal as frivolous.

II. Postconviction Proceedings.

Following the dismissal, Manning filed a pro se application for postconviction relief, raising eight grounds. Five of those grounds pertained to ineffective assistance of trial counsel and three related to claims of alleged vindictiveness by the State. The State moved to dismiss and Manning's court-appointed counsel filed a one-page resistance to the motion. The district court set the State's motion for hearing.

Several months following the State's motion and appointed counsel's resistance, Manning filed a pro se "amended and substituted application for postconviction relief." In the motion, Manning claimed his appellate counsel was ineffective for failing to raise on direct appeal claims of ineffective assistance of trial counsel.

In a memorandum of law filed a little more than one month after the amended-substituted application, Manning resisted the State's "motion for summary judgment." Additionally, Manning asserted that his claim of ineffective assistance of counsel required that he be allowed latitude and further discovery to determine the reason behind counsel's "no-negotiated guilty plea." Manning also asserted that summary disposition of a postconviction relief claim is not proper if a material issue of fact exists, citing Iowa Code section 822.6. He also asserted that claims of ineffective assistance of counsel involved issues of fact and law and for that reason he should be allowed "an opportunity to discover whether such factual allegations are true." Manning then raised ineffective assistance of appellate counsel as his reason for not raising his postconviction claims on appeal. Finally, he reiterated his postconviction claims of ineffective assistance of trial counsel as we earlier mentioned.

Eleven days after Manning filed his pro se memorandum of law, the district court entered an order dismissing Manning's application for postconviction relief. The order recites that an assistant county attorney appeared for the State and Manning's postconviction counsel appeared for Manning. The order further recites that "[t]he matter proceeded to hearing by the Court's review of the court file only." Apparently, the hearing was unreported because we have no record of the proceeding.

After setting out the standards for ineffective assistance of counsel, the district court concluded in its dismissal order:

In effect, [Manning] is claiming that the trial counsel was ineffective for not seeking any plea agreement and in failing to properly advise him of the potential for the maximum sentence allowed. Additionally, [Manning] is claiming that appellate counsel was ineffective for failing to raise these issues on appeal. As previously noted in the court file [Manning] filed a direct appeal with the Iowa Supreme Court, which appeal was dismissed on April 4, 1999, pursuant to Rule 104 as being frivolous. Likewise, by pleading guilty, the petitioner waived all claims of ineffective assistance of counsel.

From a review of the information and documentation provided, the Court cannot conclude that the petitioner has met his burden of proof in establishing ineffective assistance of trial or appellate counsel. Additionally, this Court cannot conclude that the petitioner has met his burden of proof in establishing that the requisite prejudice has resulted, whether counsel's representation was deficient or not. Accordingly, the petition should be dismissed.

Manning appealed, contending that the district court erred in dismissing his application for postconviction relief without affording him an evidentiary hearing. We transferred the case to the court of appeals, which affirmed. We granted Manning's application for further review.

III. Issue.

The issue we must decide is whether the district court erred in dismissing Manning's application for postconviction relief without affording him an evidentiary hearing.

IV. Scope of Review.

Our review in postconviction relief proceedings is for correction of errors at law. DeVoss v. State, 648 N.W.2d 56, 60 (Iowa 2002).

V. Applicable Law.

Iowa Code section 822.7 provides for a trial on the merits of a postconviction relief application. Iowa Code § 822.7 (1999). This section provides that (1) a record of the proceedings shall be made and preserved, (2) all rules and statutes applicable in civil proceedings including pretrial and discovery procedures are available to the parties, (3) the court may receive proof of affidavits, depositions, oral testimony, or other evidence, and (4) the court may order the applicant brought before it for the hearing. Id. Additionally, the statute requires that after the hearing, the court shall make specific findings of fact and conclusions of law relating to each issue presented and then enter an appropriate order. Id.

However, Iowa Code section 822.6 provides for disposition of a postconviction relief application without a trial on the merits as provided for in section 822.7. Section 822.6 provides in relevant part:

Within thirty days after the docketing of the application [for postconviction relief]... the state shall respond by answer or by motion which may be supported by affidavits....

....

[Paragraph 2] When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to postconviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for dismissal. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if a material issue of fact exists.

[Paragraph 3] The court may grant a motion by either party for summary disposition of the application, when it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Iowa Code § 822.6.

As is apparent from this language, two methods are available for disposition of postconviction relief applications without a trial on the merits. The first method, found in paragraph two, allows for such disposition on the court's initiative, and entitles the applicant to notice of the court's intention to dismiss the application and its reasons for dismissal. Hines v. State, 288 N.W.2d 344, 346 (Iowa 1980).

The second method, found in paragraph three of section 822.6, allows for such disposition on the motion of either party. Id. The goal here "is to provide a method of disposition once the case has been fully developed by both sides, but before an actual trial." Id. (emphasis added).

Disposition under paragraph three is "analogous to the summary judgment procedure" in Iowa Rules of Civil Procedure 237-240 (now rules 1.981-1.983). Summage v. State, 579 N.W.2d 821, 822 (Iowa 1998). The language in paragraph three of section 822.6 is comparable to Iowa Rule of Civil Procedure 1.981 (formerly rule 237) relating to summary judgments. Compare Iowa Code § 822.6 (providing that court may grant motion for summary disposition "when it appears from the pleadings, depositions, answers to interrogatories, and...