DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061535P.pdf 01/26/2007 Tyrie Bell v. Attorney General
U.S. Court of Appeals Case No: 06-1535
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Wollman. Author, with Riley and Gruender, Circuit
Judges]
Prisoner case - habeas. Bell's Fifth Amendment claim was procedurally
defaulted on independent state law grounds because the motion to
suppress was not timely filed under Iowa's Rules of Criminal Procedure;
the cause for the failure to timely file was attributable to Bell and was
insufficient to excuse the procedural default; as a result, the claim is
unreviewable; claim that counsel was ineffective for failing to file a
motion to suppress was properly rejected, as the failure to file the motion
was due to Bell's failure to cooperate with his attorney and was not the
result of counsel's neglect.