1 IN THE IOWA DISTRICT COURT FOR DES ... - TownNews.com

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In McGhee’s case, counsel attempted without success to show the identifications were suggestive. Finally, White defended his case on the basis that McGhee coerced him to participate rather than on the basis of misidentification. The Iowa Court of Appeals described White’s coercion defense as “credible.” White v. State, 380 N.W.2d 1, 5 (Iowa Ct. App. 1985). The State correctly argues these differences are so substantial that the Eighth Circuit’s holding in White can be distinguished from McGhee’s case. To the extent McGhee asserts Exhibit 4 is material, exculpatory evidence not produced to his counsel, the Court concludes McGhee failed to show Exhibit 4 contains material exculpatory evidence. Exhibit 4 is a report of Detectives Rubley and Hoeper dated March 21, 1972. The report details a photo lineup police held with several State witnesses, including Arnee and Stouffer. However, McGhee’s photo was not one of the photos displayed. Under these circumstances, the Court believes McGhee cannot show the report was material or exculpatory. CONCLUSION Based upon this analysis, the Court concludes that McGhee failed to establish by a preponderance of the evidence that his trial attorney was ineffective in any manner. Next, McGhee did not establish by a preponderance of the evidence that the State withheld police reports or other material evidence, or exculpatory evidence under Brady v. Maryland, 373 U. S. 83 (1963). Accordingly, the Application For Post-Conviction Relief is DENIED. The taxable costs, including reasonable attorney fees, are taxed to Applicant. Judgment is entered accordingly. IT IS SO ORDERED. 22
Dated and signed this 15 th day of February, 2013. /s/_____________________________ Michael J. Schilling District Court Judge Eighth Judicial District of Iowa michael.schilling@iowacourts.gov Certificate of Service: The undersigned certifies that a true copy of this document was served on each person named (and checked) below, including attorneys of record, or the parties where no attorney is of record, by electronic mail and/or enclosing this document in an envelope addressed to each named person at the respective addresses disclosed by the pleadings of record herein, with postage fully paid, by depositing the envelope in a United States depository or hand-delivered via courthouse mail on: ________________ (date). Copies distributed via: Email Mail _____ _____ Joel Walker _____ _____ Jerald Feuerbach _____ _____ Kimberly Shepherd _____ _____ Glenn L. McGhee, Inst. # 075700 ASPC/Eyman/SMU-1 Unit, PO Box 4000, Florence, AZ 85132 By: _______________________ 23
Page 1 and 2: FILED 02/15/2013 10:40AM CLERK DIST
Page 3 and 4: McGhee’s rights under the Fifth a
Page 5 and 6: transcript (one volume). Final argu
Page 7 and 8: d) failed to investigate the use of
Page 9 and 10: the evidence, what factual findings
Page 11 and 12: McGhee also asserts the State faile
Page 13 and 14: defense, the result of the proceedi
Page 15 and 16: identification. (emphasis added) Tr
Page 17 and 18: The police reports introduced into
Page 19 and 20: The Court continued: “Indeed, the
Page 21: These questions arguably amount to

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