Ad-Express and Daily Iowegian, Centerville, IA

January 10, 2014

Court rejects Albia man's appeal


The Daily Iowegian

---- — ALBIA — The man convicted of killing his brother had an appeal rejected in an unusually terse ruling from the Iowa Court of Appeals.

Richard Davis appealed his conviction for second-degree murder under a claim of ineffective counsel. The claim was based on the fact his trial attorney did not object “to submission of murder in the second degree to the jury as a general intent crime.” He claimed the trial court should have told the jurors second-degree murder requires specific intent.

The ruling took only two paragraphs, in contrast to the lengthy review of facts and analysis that mark many appeals verdicts. The appeals court pointed to the fact the Iowa Supreme Court has already addressed the issue in State v. Lyman. Davis wanted the appeals court to revisit the decision reached in that case.

“That is not our prerogative,” was the appeals court’s response.

Davis was convicted for the 2011 murder of Dr. Gary Davis in Albia.