Nail v. State

Full title: TIMOTHY M. NAIL, Appellant, v. STATE OF IOWA, Appellee

Court: Court of Appeals of Iowa

Date published: Jul 23, 2003

No. 3-323 / 02-1210 (Iowa Ct. App. Jul. 23, 2003)

Opinion

No. 3-323 / 02-1210.

Filed July 23, 2003.

Appeal from the Iowa District Court for Polk County, Karen Romano, Judge.

Applicant appeals the dismissal of his petition for postconviction relief. AFFIRMED.

Tiffany Koenig and Christopher Kragnes, Sr., Des Moines, for appellant.

Thomas J. Miller, Attorney General, Richard Bennett, Assistant Attorney General, John Sarcone, County Attorney, and Frank Severino, Assistant County Attorney, for appellee.

Considered by Sackett, C.J., and Huitink and Vogel, JJ.

VOGEL, J.

We agree with the district court, Nail did not properly preserve the issues raised in his postconviction relief application on direct appeal. Further, Nail did not show sufficient reason why any ground for relief asserted in a postconviction relief application was not previously asserted on direct appeal nor did he demonstrate actual prejudice resulting from the alleged error. See DeVoss v. State, 648 N.W.2d 56, 63 (Iowa 2002). Therefore, the district court was correct in granting the State's motion for summary judgment. As such, we affirm without further opinion. Iowa R.App.P. 6.24.

AFFIRMED.