Steinkuehler v. State

• Decision Date: 02 September 1993
• Docket Number: No. 92-969,92-969
• Citation: 507 N.W.2d 716
• Parties: Randall N. STEINKUEHLER, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee.
• Court: Iowa Court of Appeals

Page 716

507 N.W.2d 716

Randall N. STEINKUEHLER, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee.

No. 92-969.

Court of Appeals of Iowa.

Sept. 2, 1993.

Thomas R. Eller, Eller, Brink & Sextro, Denison, for appellant.

Bonnie J. Campbell, Atty. Gen., Bridget A. Chambers, Asst. Atty. Gen., Thomas Gustafson, County Atty., and Charles N. Thomas, Asst. County Atty., for appellee.

Considered by OXBERGER, C.J., and SCHLEGEL and SACKETT, JJ.

SACKETT, Judge.

Steinkuehler was convicted for first-degree murder for the shotgun killing of DeWayne Mohr. Steinkuehler's conviction was affirmed on direct appeal. In this postconviction relief action, Steinkuehler contends he was denied effective assistance of counsel in a number of particulars. We affirm.

Steinkuehler does not deny he shot DeWayne Mohr, the former husband of Steinkuehler's live-in girl friend. Steinkuehler contends, however, he was intoxicated at the time of the killing which should negate his criminal intent. The eleven challenges he made to his attorney's performance deal primarily with the manner the intoxication defense was presented.

To prevail on a claim of ineffective assistance of counsel, Steinkuehler must show he was denied reasonably effective assistance of counsel as guaranteed by the Sixth Amendment and that his right to a fair trial was prejudiced. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984). Steinkuehler must show there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine the confidence in the outcome. Munz v. State, 382 N.W.2d 693, 697 (Iowa App.1985). Steinkuehler has the burden to prove breach of an essential duty, State v. Risdal, 404 N.W.2d 130, 131 (Iowa 1987), and establish prejudice by proving there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. State v. Hildebrant, 405 N.W.2d 839, 841 (Iowa 1987); Strickland, 466 U.S. at 694, 104 S.Ct. at 2068, 80 L.Ed.2d at 698.

The State agrees with Steinkuehler that the standard of review of a claim of ineffective assistance of counsel is de novo, see Polly v. State, 355 N.W.2d 849, 854 (Iowa 1984), and the issues raised in the appellate brief have been preserved for review.

Steinkuehler drank heavily on the day of the shooting. One hour after Steinkuehler shot Mohr, Steinkuehler turned himself in at the police station. Steinkuehler was jailed. Sharon Shields was working as a jailer at the time. When Steinkuehler turned himself in, he was advised of his right to remain silent and consult an attorney. When asked where the shotgun was, he said, "I'm a jealous son of a bitch." He was questioned. An attorney was not named to represent Steinkuehler until over a week later.

Before trial, Steinkuehler filed notice of an intoxication defense.

Steinkuehler first contends his trial counsel should have examined Shields and Sheriff Stehr about pressure put on Shields to change her testimony about Steinkuehler's intoxication when jailed on the night of the shooting.

Prior to Steinkuehler's trial, Shields testified in a deposition she had a brief contact with Steinkuehler at the law enforcement center on the night of the offense. She said Steinkuehler appeared dazed and she smelled alcohol on his breath. She also testified Steinkuehler acted like he did not know what was going on. She said she knew

Steinkuehler and had booked him into jail about three times. She said Steinkuehler looked at her like he did not even recognize her when he saw her and his face was just kind of blank and he did not show a lot of emotion and was dazed or disoriented. She testified Steinkuehler cried when he was told Mohr had died. Shields testified she believed Steinkuehler was drunk and his statement, if any, would be thrown out of court.

Shields testified that after her deposition, she received a letter from the county attorney regarding her deposition testimony and that a copy of that letter was sent to her employer. The letter was critical of her deposition testimony that she "could not understand how [Steinkuehler] could give a statement because [she] thought he was drunk and because he did not have an attorney." She testified that Sheriff Stehr then spoke to her about her testimony. Shields alleged that Sheriff Stehr told her "he wasn't happy about my testimony. He asked me why I said--why I didn't say that I forgot." She testified that the sheriff went on to state that, "he forgets in court all the time."

At the postconviction hearing, Shields testified, in her opinion, the pressure she was feeling affected her trial testimony regarding Steinkuehler's intoxication. She stated that, "I felt like I had to measure my words and generally did not put very much emphasis on my testimony." She clarified by stating that, "I measured my words. I was more nervous. Basically that's it." Further, Shields testified she made every effort to resist the pressure she felt from the sheriff and she testified truthfully at trial.

Steinkuehler claims his trial attorney was ineffective because he failed to cross-examine Shields about this alleged pressure she received to forget what she had seen.

The State says Steinkuehler cannot show prejudice because Shields' trial testimony was identical to her deposition testimony.

Steinkuehler's trial attorney testified at the postconviction proceeding that he did not attempt to raise this issue at trial because he believed he had done a thorough job with respect to Steinkuehler's intoxication level and because Shields had required him to maintain a certain amount of confidentiality about the fact Shields had told the defense counsel about the pressure she perceived from the sheriff.

The State argues this tactic was reasonable because Shields had provided testimony helpful to the defense and testimony consistent with the testimony that she gave before she was allegedly pressured to change her testimony. Further, the decision not to cross-examine was a reasonable decision by defense counsel because had he chosen to disregard Shields' request he keep confidential the fact she had reported receiving pressure to change her testimony, Shields may have changed from a sympathetic witness to a hostile one. The State also argues Shields' possible reluctance to help Steinkuehler's defense would have been apparent from the fact she was employed by the sheriff's department and defense counsel could reasonably determine he had little to gain by raising the issue of whether the sheriff had pressured Shields to change her testimony regarding Steinkuehler's level of intoxication.

Defense attorney made a reasonable strategic decision. Where an attorney makes a reasonable strategic decision, even if it is not successful, we will not find the attorney ineffective. See State v. Newman, 326 N.W.2d 788, 795 (Iowa 1982).

Steinkuehler next argues his trial counsel was not effective because he did not impeach the testimony of the sheriff. Steinkuehler contends statements the sheriff allegedly made to Shields that the sheriff frequently forgets at trial when asked about factors unfavorable to the State and that he suggested Shields do the same should have been used to impeach the sheriff's testimony. The State advances Steinkuehler cannot show the failure to impeach the sheriff on this issue prejudiced him.

The sheriff testified at Steinkuehler's trial. First, the sheriff provided the foundation for introduction of a photograph of the murder weapon. He testified that on the night of the offense he went where the gun was said to be located and he was present when an officer found the gun. He identified two photographs that showed the location where the gun was found.

The sheriff also testified he ordered Steinkuehler held in the drunk tank the night of the shooting because he was concerned

Steinkuehler might be suicidal and the area of the jail where the drunk tank is located is monitored and more secure than other areas. The sheriff testified on direct examination that Steinkuehler's level of intoxication did not enter into his decision to hold Steinkuehler in the drunk tank.

Defense counsel cross-examined the sheriff regarding signs of intoxication that he may have observed in Steinkuehler. The sheriff admitted on cross-examination that he could smell alcohol on Steinkuehler and he believed Steinkuehler had been drinking. The sheriff also admitted had he stopped Steinkuehler while driving, he would have probably tested Steinkuehler for intoxication.

The State contends the cross-examination conducted was reasonably effective because the sheriff admitted he saw signs showing Steinkuehler might be intoxicated. The State notes during direct examination the sheriff did not claim to be unable to remember information, therefore, the State advances the court might not have let defense counsel cross-examine the sheriff regarding his alleged statement to Shields that he would frequently forget information when he testifies. The State also says Steinkuehler cannot demonstrate any prejudice as a result of defense counsel's decision not to raise the issue of the sheriff's statements to Shields.

A statement by the sheriff that he frequently forgets evidence when he testifies relates to his credibility and his honesty in conducting an investigation.

We have a serious problem with law enforcement personnel who may chose to forget their obligation to be truthful and fair. The confidence entrusted to law enforcement in our society demands that breaches of that confidence should not be tolerated. However, the issue before us is not whether the sheriff acted improperly, the issue is has Steinkuehler shown the required prejudice. We find he has not.

Steinkuehler contends his trial counsel should have made additional requests for instructions...