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IA Court of Appeals denies Post Conviction Relief in Pott. County case

News

May 3rd, 2017 by Ric Hanson

The Iowa Court of Appeals today (Wednesday), denied an appeal for Post Conviction of Relief (PCR) made by a man from western Iowa, following his conviction in 2012 on three counts of second-degree sexual abuse. Todd Mills was found guilty of the charges and sentenced to a total of 50-years in prison, two 25-year sentences to run consecutively, and one 25-year sentence to run concurrently. His sentences was also to run concurrent with a sentence he was serving in Nebraska for similar offenses.  Mills did not file a direct appeal from his convictions, but in 2013, filed an application for PCR, which was denied by the District Court, in 2015.

In his appeal, Mills claimed his PCR counsel was ineffective in failing to challenge his conviction, based on a claim that his guilty plea was not knowing and voluntary. And, although the plea-taking court informed Mills he would need to register as a sex offender, Mills claimed he was not informed of the obligation to pay the related civil fee of $25o, and that he was not informed of the specific requirements of the registry.

The Appeals Court said the Guilty-Plea Court was NOT required to inform Mills of the Sex Offender Registry requirement, and trial counsel was not ineffective in failing to file a motion in arrest of judgement, and that PCR counsel was not ineffective in challenging trial counsel’s ineffectiveness at Post Conviction Relief. The Appeals Court affirmed the District Court’s denial, of Mills PCR application.