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101189P.pdf 11/01/2010 Thomas Dodge v. Elizabeth Robinson
U.S. Court of Appeals Case No: 10-1189
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Gruender, Author, with Bright and Shepherd,
Circuit Judges]
Prisoner case - habeas. Imposition of cumulative punishment for
possession and manufacturing offenses did not violate the Double
Jeopardy Clause as the Iowa legislature meant to impose cumulative
punishments for the two offenses and each offense contains an element
not found in the other; as such, counsel's failure to raise a double
jeopardy argument could not constitute ineffective assistance of counsel;
as a result, the district court erred in granting habeas relief on the
petitioner's ineffective assistance of counsel claim.