Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Brandon Daniel Ruiz v. State of Iowa
Date: 08-21-2024
Case Number: 23-0085
Judge: Tamara J. Roberts
Court: District Court, Scott County, Iowa
Plaintiff's Attorney:
Click Here For The Best Davenport Criminal Defense Lawyer Directory
Defendant's Attorney: Scott County Iowa County Attorney's Office
Description:
Ruiz was convicted of second-degree sexual abuse in 2018. He appealed his conviction, which we affirmed. See State v. Ruiz, No. 18-1260, 2019 WL 3729562, at *2 (Iowa Ct. App. Aug. 7, 2019). Procedendo issued on December 10, 2019.
In his first PCR application, Ruiz alleged that he received ineffective assistance from both trial and direct appeal counsel in various ways. The district court denied his application. On appeal, Ruiz raised an issue the district court did not rule on-trial counsel's alleged failure to emphasize the inconsistent statements of the complaining child witness. We ruled the claim was "technically . . . not preserved for our consideration" before concluding that, if it was properly preserved, we would not find Ruiz successfully met his burden to establish an ineffective-assistance claim. Ruiz v. State, No. 22-0913, 2023 WL 4529424, at *2 (Iowa Ct. App. July 13, 2023). Procedendo issued August 23, 2023 (after the three-year PCR statute of limitations ran).
Ruiz filed his second PCR application pro se on September 5, 2023, after which the district court appointed him counsel. Then, recognizing the statute of limitations ran in December 2022, the State filed a motion to dismiss, arguing the application was time-barred. After an unreported hearing, the court granted the State's motion to dismiss. Ruiz appeals.
Davenport, Iowa postconviction relief criminal defense lawyer represented the Plaintiff.
Ruiz was convicted of second-degree sexual abuse in 2018. He appealed his conviction, which we affirmed. See State v. Ruiz, No. 18-1260, 2019 WL 3729562, at *2 (Iowa Ct. App. Aug. 7, 2019). Procedendo issued on December 10, 2019.
In his first PCR application, Ruiz alleged that he received ineffective assistance from both trial and direct appeal counsel in various ways. The district court denied his application. On appeal, Ruiz raised an issue the district court did not rule on-trial counsel's alleged failure to emphasize the inconsistent statements of the complaining child witness. We ruled the claim was "technically . . . not preserved for our consideration" before concluding that, if it was properly preserved, we would not find Ruiz successfully met his burden to establish an ineffective-assistance claim. Ruiz v. State, No. 22-0913, 2023 WL 4529424, at *2 (Iowa Ct. App. July 13, 2023). Procedendo issued August 23, 2023 (after the three-year PCR statute of limitations ran).
Ruiz filed his second PCR application pro se on September 5, 2023, after which the district court appointed him counsel. Then, recognizing the statute of limitations ran in December 2022, the State filed a motion to dismiss, arguing the application was time-barred. After an unreported hearing, the court granted the State's motion to dismiss. Ruiz appeals.
Outcome:
Motion to dismissed granted.
Affirmed
Ruiz v. State, 24-0085 (Iowa App. Aug 21, 2024)
Affirmed
Ruiz v. State, 24-0085 (Iowa App. Aug 21, 2024)
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Brandon Daniel Ruiz v. State of Iowa?
The outcome was: Motion to dismissed granted. Affirmed Ruiz v. State, 24-0085 (Iowa App. Aug 21, 2024)
Which court heard Brandon Daniel Ruiz v. State of Iowa?
This case was heard in District Court, Scott County, Iowa, IA. The presiding judge was Tamara J. Roberts.
Who were the attorneys in Brandon Daniel Ruiz v. State of Iowa?
Plaintiff's attorney: Click Here For The Best Davenport Criminal Defense Lawyer Directory. Defendant's attorney: Scott County Iowa County Attorney's Office.
When was Brandon Daniel Ruiz v. State of Iowa decided?
This case was decided on August 21, 2024.