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191259P.pdf 06/26/2020 Joseph Stephen v. Cornell Smith
U.S. Court of Appeals Case No: 19-1259
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Kobes, Author, with Kelly and Melloy, Circuit Judges]
Prisoner case - Habeas. The evidence was sufficient to support defendant's
state drug convictions and the convictions did not violate the Fourteenth
Amendment; claims of ineffective assistance of counsel regarding the
filing of motions to dismiss the indictment and suppress evidence
rejected; claim counsel was ineffective in pre-trial investigation
rejected; Brady claim rejected; an Iowa court's imposition of both the
habitual offender and second or subsequent offense enhancements to
Stephen's sentence did not violate the Fifth Amendment as Iowa courts have
held the enhancements were to apply in tandem; Eighth Amendment argument
against the tandem imposition was procedurally defaulted.