The Iowa Court of Appeals has upheld the postconviction court’s ruling denying Kenneth Edward Carver‘s application for post-conviction relief in a sexual abuse case.  In 2011, the Malvern man was convicted in Mills County District Court of second degree sexual assault, and two counts of lascivious acts with a child stemming from acts committed against his daughters. The State had filed trial information in March 2010, charging Carver with several crimes stemming from his alleged sexual abuse of the two victims. The charges were later amended to second-degree sexual abuse and two counts of lascivious acts with a child. The remaining counts were dismissed. The man was sentenced to a total of 25-years in prison.

In his appeal, Carver raised a number of challenges to trial counsel’s representation. Carver also contended appellate counsel was ineffective in failing to exhaust his claims of trial counsel’s ineffectiveness on direct appeal. According to Carver, counsels’ failures amounted to structural error, such that he was completely denied representation at crucial stages of the proceeding.

The postconviction court carefully considered each of Carver’s claims and concluded Carver had failed to show prejudice—or structural error—resulting from trial and appellate counsels’ alleged failures. The Court of Appeals, in denying Carver’s request,  affirmed the court’s comprehensive consideration of the issues and conclude Carver has failed to show prejudice on his claims of ineffective assistance of counsel.