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IN THE COURT OF APPEALS OF IOWA No. 0-666 / 09-1388 Filed November 24, 2010 MARLIN H. JACKSON, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Scott County, James E. Kelley, Judge.

Marlin Jackson appeals from the district court's denial of his application for postconviction relief. AFFIRMED.

Jack E. Dusthimer, Davenport, for appellant. Thomas J. Miller, Attorney General, Linda Hines, Assistant Attorney General, Michael Walton, County Attorney, and Robert E. Weinberg, Assistant County Attorney, for appellee.

Considered by Vaitheswaran, P.J., and Eisenhauer and Danilson, JJ. Tabor, J., takes no part.

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EISENHAUER, J. Marlin Jackson appeals from the district court's denial of his application for postconviction relief. He contends his counsel was ineffective in failing to call additional alibi witness and in failing to cross-examine one of the State's witnesses. We review his claim de novo. See Ledezma v. State, 626 N.W.2d 134, 141 (Iowa 2001). Jackson was charged with two counts of first-degree robbery stemming from an incident on the night of December 18, 2004, when two women were robbed by two men in a parking lot in Davenport. The men

approached and demanded the women hand over their purses. One of the men was holding a gun. One of the women heard the gunman referred to as "Weep" or "Weeps" by the other robber. Both women gave the responding police officers descriptions of their assailants. In investigating the crime, one of the officers saw a man in the area matching a description of one of the gunman. That man, Michael Fair, initially ran from the officer but upon being apprehended, stated he had just come from a neighboring business, Gus' Mini-Mart and Game Room. To investigate Fair's claim, the officer went to the business where he learned the store's owner, Gus Sullivan, was dating Fair's mother. Sullivan also informed the officer that just prior to the time of the robbery, two men had been in his store. One of those men went by the nickname of "Weeps." Sullivan did not know the real name of the man known as Weeps, but provided the officer a picture of him, as he regularly took photographs of his customers to hang on the wall. The photograph

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was shown to the two victims, who identified the man pictured as the gunman. Jackson was later identified as the man in the photograph. Maryann Burton, Jackson's fianc

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