Kenyatta Swift Harlston, Applicant-Appellant v. State of Iowa, 15-2190

In August 2007 a racially charged fight in Dubuque ended with Nic Blackburn fatally stabbed; Kenyatta Harlston was charged with second-degree murder.
Police went to an apartment where Harlston and others were hiding; Harlston refused officers entry and later went voluntarily to the station and was charged.
Trial was moved to Black Hawk County; Harlston was convicted of second-degree murder and the conviction was affirmed on direct appeal.
Harlston filed multiple postconviction relief applications; his fifth amended application (filed 2015) alleged ineffective assistance of trial counsel on several fronts.
The district court denied relief; on appeal the Court of Appeals reviewed ineffective-assistance claims de novo under Strickland and affirmed denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jury instruction on lack of motive / permissive inference of malice	Harlston: instruction failed to make clear the weapon-based inference of malice was permissive and a lack-of-motive instruction was needed	State: instruction used “may” and “infer,” which shows permissive inference; no additional instruction required	No prejudice; instruction sufficiently permissive, no relief
Failure to call first‑person witnesses / testify in own defense	Harlston: counsel should have called him or Dixon to support self‑defense	State: Harlston had no memory of stabbing and counsel discussed/testimony-waiver strategically; calling Dixon posed risks	No duty breached; no prejudice shown; tactical decision affirmed
Admission of statements refusing police entry to apartment	Harlston: testimony about refusing entry unfairly penalized assertion of rights and undermined self‑defense	State: evidence admissible for purposes other than penalizing rights; even if prejudicial, other strong evidence of guilt made it harmless under Strickland	No Strickland prejudice; admission did not undermine confidence in outcome
Batson challenge during jury selection	Harlston: counsel failed to "follow through" after initial Batson objection to prosecutor striking a juror appearing Puerto Rican	State: counsel properly invoked Batson and prosecutor gave race‑neutral reasons; no further action required	Counsel met obligation; no ineffective assistance

State v. Reeves, 670 N.W.2d 199 (Iowa 2003) (weapon use permits permissive inference of malice)
State v. Rinehart, 283 N.W.2d 319 (Iowa 1979) (distinguishing “infer” from “presume”)
State v. Elam, 328 N.W.2d 314 (Iowa 1982) (discussion of permissive presumptions)
Ledezma v. State, 626 N.W.2d 134 (Iowa 2001) (standard for ineffective‑assistance review)
Jones v. State, 479 N.W.2d 265 (Iowa 1991) (burden of proof in postconviction proceedings)
Strickland v. Washington, 466 U.S. 668 (1984) (prejudice/deficiency standard for ineffective assistance)
State v. Nelson, 234 N.W.2d 368 (Iowa 1975) (defendant not to be penalized for asserting constitutional rights)
State v. Thomas, 766 N.W.2d 263 (Iowa Ct. App. 2009) (admissibility of evidence related to assertion of rights)
Batson v. Kentucky, 476 U.S. 79 (1986) (prohibition on racially motivated peremptory strikes)
State v. Kone, 557 N.W.2d 97 (Iowa Ct. App. 1996) (strategic decisions by counsel not lightly second‑guessed)