Tanner Doial Wickam v. State of Iowa
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket24-1367
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 24-1367
Filed October 7, 2026
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Tanner Doial Wickam,
Applicant–Appellant,
v.
State of Iowa,
Respondent–Appellee.
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Appeal from the Iowa District Court for Polk County,
The Honorable Coleman McAllister, Judge.
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AFFIRMED
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Alexander Smith of Parrish Kruidenier L.L.P., Des Moines,
attorney for appellant.
Brenna Bird, Attorney General, and Nicholas E. Siefert, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Schumacher, P.J., and Ahlers and Badding, JJ.
Opinion by Ahlers, J.
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AHLERS, Judge.
This is an appeal from the district court’s dismissal of Tanner
Wickam’s second postconviction-relief (PCR) application. In the underlying
criminal case, Wickam pleaded guilty to willful injury (a class “C” felony)
and agreed to be sent to prison for a term not to exceed ten years. In doing
so, Wickam stated under oath that no one had made any threats to get him to
plead guilty. In return for Wickam’s guilty plea, the State dismissed other
charges that carried up to twenty-two and one-half years of additional
incarceration.
In his first PCR action, Wickam claimed his guilty plea was not
voluntary because he only entered the guilty plea after the father of one of
the victims threatened to sexually abuse Wickam’s mother and kill his brother
if Wickam did not go to prison. At the first PCR trial, Wickam presented
evidence in the form of an affidavit from the victim’s father in which the
father denied making any threats. The district court concluded that
Wickam’s assertions were not credible, and the father’s affidavit was
corroborated by a police report and the fact that Wickam did not inform his
attorney or the judge who took his guilty plea of the alleged threats. The
court dismissed the first PCR action accordingly, and our court affirmed on
appeal. Wickam v. State, No. 22-0220, 2023 WL 2152620, at *2 (Iowa Ct.
App. Feb. 22, 2023).
While his first PCR case was on appeal, Wickam filed this second PCR
action. In his second application for PCR, Wickam contends his first PCR
counsel was ineffective in two ways: (1) failing to present evidence of a
recording of a 911 call made during the interaction in which Wickam contends
the victim’s father threatened him; and (2) presenting the victim’s father’s
version of events via an affidavit rather than calling him as a witness. In
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support of his claims, Wickam presented the recording of the 911 call and
deposition testimony of the victim’s father. In other words, he presented the
evidence at his second PCR trial that he contends his first PCR counsel
should have presented at the first PCR trial. He contends this evidence
established that his first PCR counsel was ineffective and had he not been
ineffective, Wickam would have prevailed in the first PCR action and his
guilty plea would have been set aside.
Following the second PCR trial, the district court analyzed the
evidence, including the recording of the 911 call and the deposition testimony
of the victim’s father, and found “[t]hey contain no smoking gun.” It noted
that the recording revealed no threats and the victim’s father continued to
deny making the threats Wickam claimed he made. The court denied
Wickam’s second PCR application, and Wickam appeals.
While we generally review PCR appeals for corrections of errors at law,
when a claim of ineffective assistance of counsel is made, we review de novo.
Lamasters v. State, 821 N.W.2d 856, 862 (Iowa 2012). A PCR applicant
claiming ineffective assistance of counsel must prove that (1) counsel
breached a duty and (2) prejudiced resulted. Id. at 866.
The district court provided a thorough written analysis detailing why
it found that Wickam failed to meet his burden to prove that his first PCR
counsel breached an essential duty or that Wickam was prejudiced as a result.
Following our de novo review, we agree with the district court’s analysis,
reasoning, and conclusions. We also conclude that a full opinion would not
augment or clarify existing case law, so we affirm by memorandum opinion.
See Iowa Ct. R. 21.26(1)(d), (e).
AFFIRMED.
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