CourtListener 2721212•Humberto Pelaes, Applicant-Appellant v. State of Iowa
Humberto Pelaes, Applicant-Appellant v. State of Iowa
CourtListener 2721212Iowactapp27 ago 2014
Testo completo
IN THE COURT OF APPEALS OF IOWA
No. 13-0471
Filed August 27, 2014
HUMBERTO PELAES,
Applicant-Appellant,
vs.
STATE OF IOWA,
Respondent-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Richard G. Blane II,
Judge.
Humberto Pelaes appeals the dismissal of his second application for
postconviction relief. AFFIRMED.
Michael J. Piper of Dickey & Campbell Law Firm, P.L.C., Des Moines, for
appellant.
Thomas J. Miller, Attorney General, Alexandra Link, Assistant Attorney
General, John P. Sarcone, County Attorney, and Jeffrey Noble, Assistant County
Attorney, for appellee.
Considered by Danilson, C.J., and Vogel and Bower, JJ.
2
BOWER, J.
Humberto Pelaes appeals the dismissal of his second application for
postconviction relief (PCR). He contends his second PCR counsel was
ineffective in failing to argue and present evidence of the inaccuracy of the
Spanish version of the form he signed to waive his Miranda rights. He also
contends counsel was ineffective by acknowledging he presented false evidence
in his affidavit regarding the Spanish version of the form.
In dismissing Pelaes’s second PCR application, the district court found
Pelaes had acknowledged, through counsel, that he presented false evidence in
his affidavit. See Iowa Code § 610A.2(1)(c) (2011) (stating the court may
dismiss a PCR action if the inmate has knowingly presented false testimony or
evidence). The court also dismissed the application under Iowa Code section
822.8, which bars all claims not brought in the original PCR action unless there is
sufficient reason for not asserting the claim in the earlier action. Because Pelaes
does not challenge the finding he provided insufficient reason for failing to raise
the issue in the first PCR action, we affirm. See Iowa R. App. P. 6.903(2)(g)
(providing failure to cite authority in support of an issue may be deemed waiver of
that issue); State v. Dewitt, 811 N.W.2d 460, 467 (Iowa 2012) (noting we may
affirm the district court upon any ground raised that would properly support the
ruling).
AFFIRMED.
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