David Lee "D.J." Tomlinson Jr., serving a life term for the murder of his sister and a 50-year term in his father's death, has filed an application for post-conviction relief in a Sept. 30 filing in Tama County District Court in Toledo, Tomlinson, 40, asks for his convictions to be vacated and for release from prison.
Tomlinson was also convicted of fleeing form the state to avoid prosecution. He was arrested at a Kansas City hospital following the deaths.
Tomlinson was found guilty by a Tama County jury in October, 1999, for the shotgun slayings of his sister, Angie Miell, and father David Tomlinson Sr., at the father's Tama residence. Their deaths occurred on May 22, 1998.
In his petition, Tomlinson contends his trial attorney argued an insanity defense and states "insanity is the same as a guilty plea." He claims the action violated his rights to be considered innocent.
Attorney John Bishop of Cedar Rapids, has been appointed by the court to represent Tomlinson at state expense..
David Tomlinson is serving the sentences at the Clarinda Correctional facility according to court records.