responsibility defense in Iowa

2025“It is a responsibility of defense counsel to ensure that a client does not plead guilty to a charge for which there is no objective factual basis.” State v. Finney, 834 N.W.2d 46, 54 (Iowa 2013); see also Iowa R.

2024“It is a responsibility of defense counsel to ensure that a client does not plead guilty to a charge for which there is no objective factual basis.” State v. Finney, 834 N.W.2d 46, 54 (Iowa 2013).

2016“We will find counsel failed to perform an essential duty if defense counsel allows the defendant to plead guilty to a charge for which no factual basis exists and thereafter fails to file a motion in arrest of judgment challenging the plea.” State v. Brooks, 555 N.W.2d 446, 448 (Iowa 1996).

2016“We will find counsel failed to perform an essential duty if defense counsel allows the defendant to plead guilty to a charge for which no factual basis exists and thereafter fails to file a motion in arrest of judgment challenging the plea.” State v. Brooks, 555 N.W.2d 446, 448 (Iowa 1996).

2009Under the full responsibility rule, ‘“[w]hen there are two successive work-related, injuries, the employer liable for the second injury “is generally held liable for the entire disability resulting from the combination of the prior disability and the present injury.” ’ ’ ” Smithart, 654 N.W.2d at 897 (quoting Second Injury Fund v. Nelson, 544 N.W.2d 258, 265 (Iowa 1995)).

2009Under the full responsibility rule, “ ‘[w]hen there are two successive work-related injuries, the employer liable for the second injury “is generally held liable for the entire disability resulting from the combination of the prior disability and the present injury.” ’ ” Smithart, 654 N.W.2d at 897 (quoting Second Injury Fund v. Nelson, 544 N.W.2d 258, 265 (Iowa 1995)).

2009See Celotex Corp. v. Auten, 541 N.W.2d 252, 256 (Iowa 1995) (holding the industrial commissioner could not apportion benefits without a statute authorizing him to do so; therefore, the full responsibility rule was applicable).

2009See Celotex Corp. v. Auten, 541 N.W.2d 252, 256 (Iowa 1995) (holding the industrial commissioner could not apportion benefits without a statute authorizing him to do so; therefore, the full responsibility rule was applicable).

1999In re L.M.W., 518 N.W.2d 804, 807 (Iowa App.1994).

1999In re L.M.W., 518 N.W.2d 804, 807 (Iowa App.1994).

2024When there is no factual basis for a plea, prejudice is likewise “inherent.” State v. Perkins, 875 N.W.2d 190, 193 (Iowa Ct. App. 2015) (citation omitted).

2020See Conklin, 586 N.W.2d at 706 (“A defendant’s filing of a petition for dissolution of marriage does not deprive the district court of jurisdiction in a domestic abuse action, nor does it relieve the trial court of the responsibility to rule on the merits of the domestic abuse petition.”); Haley v. Haley, No. 02-0990, 2003 WL 292166 , at *1 (Iowa Ct. App. Feb 12, 2003) (“Criminal charges based on the same incident as alleged in the domestic abuse petition should not result in dismissal of the petition.”).

2015See In re S.R., 600 N.W.2d 63, 65 (Iowa Ct. App. 1999) (finding a parent’s failure to demand other or additional services was insufficient to preserve the issue for appellate review); In re M.B., 595 N.W.2d 815, 818 (Iowa Ct. App. 1999) (noting a parent had the responsibility to challenge or object to services).

2015See In re S.R., 600 N.W.2d 63, 65 (Iowa Ct. App. 1999) (finding a parent’s failure to demand other or additional services was insufficient to preserve the issue for appellate review); In re M.B., 595 N.W.2d 815, 818 (Iowa Ct. App. 1999) (noting a parent had the responsibility to challenge or object to services).