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Seventh Appeal Denied For Carroll Man Convicted Of Sexually Assaulting A Child, But Option For More Appeals Left Open

The seventh appeal in nine years for a Carroll man convicted of sexually assaulting a child has again been rejected by the Iowa Court of Appeals. However, this time after affirming the original sentencing of 25 years with a mandatory minimum of 17.5 years in prison, the judge preserved 28-year-old Jesse Neitzel’s claims of ineffective assistance for the possibility of “a separate postconviction-relief action” in the future. Neitzel was 16 years old when he was convicted of assaulting a seven year old, a class B forcible felony, and the original sentence was imposed. In the last appeal, Neitzel’s attorney filed a response that was not in support of his client’s claims. He wrote, “In light of Counsel’s ethical duty to the tribunal to present meritorious and non-frivolous evidence and argument, Counsel cannot join with Applicant’s petition for postconviction relief and takes no position to argue the same.” He also noted that any further appeals must attack resentencing and not the original sentence. This latest appeal does just that. Neitzel claims the aforementioned counsel was ineffective in allowing the action to be dismissed. Neitzel had requested a resentencing review based on new cases challenging the constitutionality of mandatory minimums for youthful offenders. The court states they did not consider Neitzel’s claims of ineffective assistance since the record was not sufficiently developed for review.

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