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IN THE COURT OF APPEALS OF IOWA No. 8-756 / 07-0860 Filed December 17, 2008

TRENTON HOWARD, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. _______________________________________________________________ Appeal from the Iowa District Court for Scott County, Patrick J. Madden, Judge.

Applicant appeals the summary disposition of his postconviction claims of ineffective assistance of counsel. REVERSED AND REMANDED.

Alicia D. Gieck of Cartee & Clausen Law Firm, P.C., Davenport, for appellant. Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, and Michael J. Walton, County Attorney, for appellee.

Considered by Sackett, C.J., and Miller, J., and Robinson, S.J.* *Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2007).

2 ROBINSON, S.J. I. Background Facts & Proceedings

Trenton Howard was charged with first-degree murder, first-degree robbery, first-degree theft, willful injury with serious injury, conspiracy, and firstdegree kidnapping. During his criminal trial, the State sought to introduce the videotaped testimony of Illinois State Trooper Vernon Smith. The video

equipment malfunctioned, and the deposition of Smith was read into the record. Later, the video equipment was repaired, and the videotape of the deposition was shown to the jury. Also, the videotaped deposition of Dr. Marcus Nashelsky was shown to the jury. Defense counsel did not object in any of these instances. Howard was convicted of all of the charges against him, except kidnapping. His convictions for willful injury and conspiracy merged into his other convictions. See Iowa Code

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