Opinion
No. 0-799 / 00-0025.
Filed February 7, 2001.
Appeal from the Iowa District Court for Lee (South) County, D.B. Hendrickson, Judge.
William Knopp appeals a district court order denying his application for postconviction relief. AFFIRMED.
Philip B. Mears of Mears Law Office, Iowa City, for appellant.
Thomas J. Miller, Attorney General, Mary E. Tabor, Assistant Attorney General, Michael P. Short, County Attorney, and Bruce C. McDonald, Assistant County Attorney, for appellee.
Considered by Streit, P.J., and Hecht and Vaitheswaran, JJ.
William Knopp appeals the district court order denying his application for postconviction relief. Knopp contends the district court erred in finding: (1) Bradley Longnecker's testimony would not have changed the result of the trial; and (2) trial counsel was not ineffective for failing to call Longnecker as a witness. We affirm.
I. Factual Background and Proceedings. After a jury trial, Knopp was convicted of possession with intent to deliver methamphetamine, distribution to a person under the age of eighteen years, failure to affix a tax stamp, using a juvenile to commit a crime, being a felon in possession of a firearm, and perjury. The charges were based on a traffic stop of his vehicle by Keokuk police officers on April 22, 1995. Officer Dennis Bonser stopped Knopp's car based on his observation the passengers of the car were not wearing seat belts. At the time, Knopp was driving, Longnecker was sitting in the front passenger seat, and Jerry H., a minor, was riding in the back seat. During the traffic stop, Officer Bonser discovered an outstanding warrant for Knopp's arrest. Several officers ordered all of the occupants out of the car and conducted pat-down searches of them.
The search of Jerry H. revealed a hand-held scanner, a black bag containing methamphetamine, and a wallet containing $5700 and pictures of Knopp's children. The officers also found methamphetamine in Longnecker's underwear during the search. At trial, Jerry H. testified that when the police signaled to pull over the car, Knopp tossed the wallet and the bag containing drugs over the seat. Jerry H. indicated Knopp then stated, "Here, hide this. They ain't going to check you." Longnecker did not testify at trial. This court reviewed Knopp's convictions on direct appeal and affirmed them. See State v. Knopp,No. 95-2116 (Iowa Ct.App. March 28, 1997).
Knopp filed an application for postconviction relief on November 23, 1999, alleging trial counsel was ineffective for failing to call Longnecker as a witness at the criminal trial. At the postconviction relief trial, Longnecker testified Jerry H. had been in possession of the cash, wallet, and drugs the entire night. He denied Knopp tossed the items to the minor after the car was pulled over and stated Knopp did not ask the juvenile to hide the drugs and did not state the police would not search him. The district court denied Knopp's application on December 21, 1999. Knopp appeals.
II. Standard of Review. When a postconviction relief action implies constitutional issues, our review is de novo. Key v. State, 577 N.W.2d 637, 639 (Iowa 1998).
III. Merits. Knopp bears the burden of demonstrating ineffective assistance of counsel by a preponderance of the evidence. See State v. Morgan, 559 N.W.2d 603, 612 (Iowa 1997). Our ultimate concern is with the "fundamental fairness of the proceedings whose result is being challenged." See Strickland v. Washington, 466 U.S. 668, 696, 104 S.Ct. 2052, 2069, 80 L.Ed.2d 674, 699 (1984). We must consider whether "counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relief on as having produced a just result." Id. at 686, 104 S.Ct. at 2064, 80 L.Ed.2d at 692-93. A defendant receives ineffective assistance of counsel when (1) the defense attorney fails in an essential duty and (2) prejudice results. State v. Bugely, 562 N.W.2d 173, 178 (Iowa 1997). The applicant establishes prejudice by showing "there is a reasonable probability that, but for the counsel's unprofessional errors, the result of the proceeding would have been different." State v. Hopkins, 576 N.W.2d 374, 378 (Iowa 1998).
Knopp asserts he received ineffective assistance of trial counsel because his trial counsel failed to investigate Longnecker as a possible witness and failed to call him as a witness at trial. Knopp did not call trial counsel as a witness in the postconviction relief action to explain his actions at trial. There is a strong presumption counsel's conduct falls within the wide range of reasonable professional assistance; that is an applicant must overcome the presumption that, under the circumstances, the challenged action "might be considered trial strategy." State v. Martin, 587 N.W.2d 606, 609 (Iowa Ct.App. 1998). Where counsel's decisions are made pursuant to a reasonable trial strategy, we will not find ineffective assistance of counsel. State v. Johnson, 604 N.W.2d 669, 673 (Iowa Ct.App. 1999).
Before the criminal trial, Longnecker admitted to purchasing methamphetamine from Knopp on several occasions. Longnecker's testimony could have been more detrimental to Knopp than it was helpful, particularly given Longnecker was also in possession of drugs when the car was stopped and in view of the fact his relationship with Knopp was based on buying and selling methamphetamine. Knopp's mother testified at the postconviction relief trial that she did not question trial counsel's decision not to call Longnecker because trial counsel told her it would "hurt" her son. In addition, the district court on postconviction relief specifically found Longnecker's testimony was not credible. We give weight to the findings of the district court, particularly regarding the credibility of witnesses. Wycoff v. State, 382 N.W.2d 462, 465 (Iowa 1986). Without evidence to the contrary, we find trial counsel made a sound tactical decision not to place Longnecker on the stand given the likelihood his testimony could have been more detrimental than helpful to Knopp's case.
Furthermore, Knopp cannot meet the requisite burden of showing the outcome of his case would have been different but for counsel's alleged errors. The record contains overwhelming evidence to convict him of the crimes with which he was charged. The wallet found on Jerry H., which contained a substantial amount of cash, also contained pictures of Knopp's five children. The juvenile's aunt, who was also Knopp's girlfriend, testified the black bag containing methamphetamine found during the search belonged to Knopp. Another witness, John Gray, testified Knopp admitted to him he had thrown "the stuff" into the backseat and asked Jerry H. to hide it because "they couldn't search a minor." After our de novo review of the record, we find no reasonable probability Longnecker's testimony would have changed the outcome of the trial. We therefore affirm the district court's denial of postconviction relief.
AFFIRMED.