Sixth Amendment violation (Iowa) · Go Syfert
← Iowa issues

Sixth Amendment violation in Iowa

76 Iowa opinions name it 2 courts 1980–2025 12 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (61)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 6 Iowa opinions naming this issue, 1986–2019
2 sentences

1986To obtain relief on a sixth amendment claim that counsel was ineffective a defendant must prove by a preponderance of the evidence that counsel failed to perform an essential duty and that the failure caused such prejudice as to constitute “a denial of the accused’s due process right to a fair trial, a fundamental miscarriage of justice, or an equivalent constitutional deprivation.” State v. Miles, 344 N.W.2d 231, 234 (Iowa 1984); see Strickland v. Washington, 466 U.S. 668 , .695, 104 S.Ct. 2052, 2069 , 80 L.Ed.2d 674, 698 (1984) (accused must show that counsel’s unprofessional errors caused a

1986To obtain relief on a sixth amendment claim that counsel was ineffective a defendant must prove by a preponderance of the evidence that counsel failed to perform an essential duty and that the failure caused such prejudice as to constitute “a denial of the accused’s due process right to a fair trial, a fundamental miscarriage of justice, or an equivalent constitutional deprivation.” State v. Miles, 344 N.W.2d 231, 234 (Iowa 1984); see Strickland v. Washington, 466 U.S. 668 , .695, 104 S.Ct. 2052, 2069 , 80 L.Ed.2d 674, 698 (1984) (accused must show that counsel’s unprofessional errors caused a

66
State of Iowa v. Craig Anthony Finneygreen
iowa · 2013 · cited in 5 Iowa opinions naming this issue, 2014–2016
2 sentences

2016Id. (“Recourse to the entire record is appropriate because, unlike a claim of due process involuntariness, the relevant inquiry for purposes of determining the Sixth Amendment claim presented by [the defendant] does not involve an examination of his subjective state of mind at the time the trial court accepted the plea, but instead involves an examination of whether counsel performed poorly by allowing [the defendant] to plead guilty to a crime for which there was no objective factual basis in the record.”). 6 During the plea colloquy between Harris and the court for the going- armed-with-inte

2016Id. (“Recourse to the entire record is appropriate because, unlike a claim of due process involuntariness, the relevant inquiry for purposes of determining the Sixth Amendment claim presented by [the defendant] does not involve an examination of his subjective state of mind at the time the trial court accepted the plea, but instead involves an examination of whether counsel performed poorly by allowing [the defendant] to plead guilty to a crime for which there was no objective factual basis in the record.”). 6 During the plea colloquy between Harris and the court for the going- armed-with-inte

35
State v. Ondayoggreen
iowa · 2006 · cited in 4 Iowa opinions naming this issue, 2007–2021
2 sentences

2021See State v. Ondayog, 722 N.W.2d 778, 786 (Iowa 2006) (“The fact that a particular decision was made for tactical reasons does not, however, automatically immunize the decision from a Sixth Amendment challenge.

2021See State v. Ondayog, 722 N.W.2d 778, 786 (Iowa 2006) (“The fact that a particular decision was made for tactical reasons does not, however, automatically immunize the decision from a Sixth Amendment challenge.

34
State of Iowa v. Kelvin Plain Sr.green
iowa · 2017 · cited in 3 Iowa opinions naming this issue, 2018–2022
2 sentences

2022Following proper development of the record pertaining to that challenge, the district court shall determine whether Plain’s right to a representative jury under the Sixth Amendment was violated.” Plain I, 898 N.W.2d at 829 (emphases added).

2018See State v. Nitcher, 720 N.W.2d 547, 560 (Iowa 2006) (affirming convictions but remanding case to the district court to rule on motion for new trial under the correct weight-of- the-evidence standard); see also State v. Plain, 898 N.W.2d 801, 829 (Iowa 2017) (conditionally affirming conviction and remanding for development of the record on his Sixth Amendment challenge).

23
Kuhlmann v. Wilsongreen
scotus · 1986 · cited in 3 Iowa opinions naming this issue, 2015–2016
2 sentences

2016Id. at 456, 106 S. Ct. at 2628, 91 L.

2016Id. at 456, 106 S. Ct. at 2628, 91 L.

23
Duren v. Missourigreen
scotus · 1979 · cited in 2 Iowa opinions naming this issue, 2022–2023
2 sentences

2022When faced with a Sixth-Amendment claim of unconstitutional underrepresentation of a racial group in a jury pool, Iowa follows the three-part test set forth in Duren v. Missouri, 439 U.S. 357, 364 (1979).

2022When faced with a Sixth-Amendment claim of unconstitutional underrepresentation of a racial group in a jury pool, Iowa follows the three-part test set forth in Duren v. Missouri, 439 U.S. 357, 364 (1979).

22
State v. Smithermangreen
iowa · 2007 · cited in 2 Iowa opinions naming this issue, 2014–2023
2 sentences

2023Id. (internal citations omitted); accord Smitherman, 733 N.W.2d at 347 (“[W]hen the trial court failed to conduct an inquiry (or even if it did conduct an inquiry), the Supreme Court required the defendant to show his counsel’s performance was adversely affected by the conflict of interest before it would presume prejudice and find a Sixth Amendment violation warranting reversal.”).

2023Id. (internal citations omitted); accord Smitherman, 733 N.W.2d at 347 (“[W]hen the trial court failed to conduct an inquiry (or even if it did conduct an inquiry), the Supreme Court required the defendant to show his counsel’s performance was adversely affected by the conflict of interest before it would presume prejudice and find a Sixth Amendment violation warranting reversal.”).

22
State v. Tejedagreen
iowa · 2004 · cited in 2 Iowa opinions naming this issue, 2017–2019
2 sentences

2019Cf. State v. Tejeda, 677 N.W.2d 744, 753 (Iowa 2004) (affirming judgment without adjudicating Sixth Amendment claim due to “scant record” and “availability of an adequate remedy in postconviction”).

2017State v. Tejeda, 677 N.W.2d 744, 749 (Iowa 2004). 6 Leonhard’s Fifth and Sixth Amendment claim that the court should have appointed him substitute counsel sua sponte will be reviewed de novo.

22
Lane v. Stategreen
fla · 1980 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016Ed. 897, 898 (1916))); United States v. Root, 585 F.3d 145, 156 (3d Cir. 2009) (rejecting a Sixth Amendment challenge and noting that “Congress has the power to lay out the elements of a crime to permit prosecution in one or any of the districts in which the crucial elements are performed” (emphasis added)); United States v. Ramirez, 420 F.3d 134, 139 (2d Cir. 2005) (holding under Sixth Amendment that “venue is properly laid in any of the districts where an essential conduct element of the crime took place”) (emphasis added); State v. Ross, 646 A.2d 1318, 1333 (Conn. 1994) (“[A] person who com

2016Ed. 897, 898 (1916))); United States v. Root, 585 F.3d 145, 156 (3d Cir. 2009) (rejecting a Sixth Amendment challenge and noting that “Congress has the power to lay out the elements of a crime to permit prosecution in one or any of the districts in which the crucial elements are performed” (emphasis added)); United States v. Ramirez, 420 F.3d 134, 139 (2d Cir. 2005) (holding under Sixth Amendment that “venue is properly laid in any of the districts where an essential conduct element of the crime took place”) (emphasis added); State v. Ross, 646 A.2d 1318, 1333 (Conn. 1994) (“[A] person who com

22
State v. Rossgreen
conn · 1994 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016Ed. 897, 898 (1916))); United States v. Root, 585 F.3d 145, 156 (3d Cir. 2009) (rejecting a Sixth Amendment challenge and noting that “Congress has the power to lay out the elements of a crime to permit prosecution in one or any of the districts in which the crucial elements are performed” (emphasis added)); United States v. Ramirez, 420 F.3d 134, 139 (2d Cir. 2005) (holding under Sixth Amendment that “venue is properly laid in any of the districts where an essential conduct element of the crime took place”) (emphasis added); State v. Ross, 646 A.2d 1318, 1333 (Conn. 1994) (“[A] person who com

2016Ed. 897, 898 (1916))); United States v. Root, 585 F.3d 145, 156 (3d Cir. 2009) (rejecting a Sixth Amendment challenge and noting that “Congress has the power to lay out the elements of a crime to permit prosecution in one or any of the districts in which the crucial elements are performed” (emphasis added)); United States v. Ramirez, 420 F.3d 134, 139 (2d Cir. 2005) (holding under Sixth Amendment that “venue is properly laid in any of the districts where an essential conduct element of the crime took place”) (emphasis added); State v. Ross, 646 A.2d 1318, 1333 (Conn. 1994) (“[A] person who com

22
State v. Willoughbygreen
ariz · 1995 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016Ed. 897, 898 (1916))); United States v. Root, 585 F.3d 145, 156 (3d Cir. 2009) (rejecting a Sixth Amendment challenge and noting that “Congress has the power to lay out the elements of a crime to permit prosecution in one or any of the districts in which the crucial elements are performed” (emphasis added)); United States v. Ramirez, 420 F.3d 134, 139 (2d Cir. 2005) (holding under Sixth Amendment that “venue is properly laid in any of the districts where an essential conduct element of the crime took place”) (emphasis added); State v. Ross, 646 A.2d 1318, 1333 (Conn. 1994) (“[A] person who com

2016Ed. 897, 898 (1916))); United States v. Root, 585 F.3d 145, 156 (3d Cir. 2009) (rejecting a Sixth Amendment challenge and noting that “Congress has the power to lay out the elements of a crime to permit prosecution in one or any of the districts in which the crucial elements are performed” (emphasis added)); United States v. Ramirez, 420 F.3d 134, 139 (2d Cir. 2005) (holding under Sixth Amendment that “venue is properly laid in any of the districts where an essential conduct element of the crime took place”) (emphasis added); State v. Ross, 646 A.2d 1318, 1333 (Conn. 1994) (“[A] person who com

22
State v. Curringtongreen
idahoctapp · 1987 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F.3d 877, 905 (3d Cir. 1999) (McKee, J., concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); 38 Lightbourne v. Dugger, 829 F.2d 1012, 1027 (11th Cir. 1987) (Anderson, J., concurring in part and dissenting in part); United States v. Taylor, 800 F.2d 1012, 1018 (10th Cir. 1986) (McKay, J., dissenting); State v. Currington, 746 P.2d 997, 1005 (Idaho Ct. App. 1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 710 A.2d 1112, 1122 (Pa. 1998) (Castille, J

2016See, e.g.; Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F,3d 877, 905 (3d Cir,1999) (McKee, J.,- concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); Lightboume v. Dugger, 829 F.2d 1012,1027 (11th Cir.1987) (Anderson, J., concurring in'part and dissenting in part); United States v, Taylor, 800 F.2d 1012,1018 (10th Cir.1986) (McKay, J., dissenting); State v. Currington, 113 Idaho 538 , 746 P.2d 997, 1005 (Idaho CtApp.1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 551, Pa. 376, 710 A.2d 1112, 1122 (199

22
United States v. Tamer Trad Mourad, Joseph Hargrave, and Adnan Yacteengreen
ca2 · 1984 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016For instance, in United States v. Mourad, the court found no deliberate elicitation when the government agents overheard the defendant make incriminating statements to his wife on the telephone. 729 F.2d 195, 201 (2d Cir. 1984).

2016For instance, in United States v. Mourad, the court found no deliberate elicitation when the government agents overheard the defendant make incriminating statements to his wife on the telephone. 729 F.2d 195, 201 (2d Cir. 1984).

22
Ian Lightbourne v. Richard L. Dugger, Secretary, Florida Department of Corrections, Robert A. Butterworth, Attorney Generalgreen
ca11 · 1987 · cited in 2 Iowa opinions naming this issue, 2016–2016
22
United States v. Anthony Taylorgreen
ca10 · 1986 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F.3d 877, 905 (3d Cir. 1999) (McKee, J., concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); 38 Lightbourne v. Dugger, 829 F.2d 1012, 1027 (11th Cir. 1987) (Anderson, J., concurring in part and dissenting in part); United States v. Taylor, 800 F.2d 1012, 1018 (10th Cir. 1986) (McKay, J., dissenting); State v. Currington, 746 P.2d 997, 1005 (Idaho Ct. App. 1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 710 A.2d 1112, 1122 (Pa. 1998) (Castille, J

2016See, e.g.; Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F,3d 877, 905 (3d Cir,1999) (McKee, J.,- concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); Lightboume v. Dugger, 829 F.2d 1012,1027 (11th Cir.1987) (Anderson, J., concurring in'part and dissenting in part); United States v, Taylor, 800 F.2d 1012,1018 (10th Cir.1986) (McKay, J., dissenting); State v. Currington, 113 Idaho 538 , 746 P.2d 997, 1005 (Idaho CtApp.1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 551, Pa. 376, 710 A.2d 1112, 1122 (199

22
United States v. Kevin E. Watsongreen
cadc · 1990 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016United States v. Watson, 894 F.2d 1345, 1348 (D.C.

2016United States v. Watson, 894 F.2d 1345, 1348 (D.C.

22
Commonwealth v. Franciscusgreen
pa · 1998 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F.3d 877, 905 (3d Cir. 1999) (McKee, J., concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); 38 Lightbourne v. Dugger, 829 F.2d 1012, 1027 (11th Cir. 1987) (Anderson, J., concurring in part and dissenting in part); United States v. Taylor, 800 F.2d 1012, 1018 (10th Cir. 1986) (McKay, J., dissenting); State v. Currington, 746 P.2d 997, 1005 (Idaho Ct. App. 1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 710 A.2d 1112, 1122 (Pa. 1998) (Castille, J

2016See, e.g.; Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F,3d 877, 905 (3d Cir,1999) (McKee, J.,- concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); Lightboume v. Dugger, 829 F.2d 1012,1027 (11th Cir.1987) (Anderson, J., concurring in'part and dissenting in part); United States v, Taylor, 800 F.2d 1012,1018 (10th Cir.1986) (McKay, J., dissenting); State v. Currington, 113 Idaho 538 , 746 P.2d 997, 1005 (Idaho CtApp.1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 551, Pa. 376, 710 A.2d 1112, 1122 (199

22
United States v. Rootgreen
ca3 · 2009 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016Ed. 897, 898 (1916))); United States v. Root, 585 F.3d 145, 156 (3d Cir. 2009) (rejecting a Sixth Amendment challenge and noting that “Congress has the power to lay out the elements of a crime to permit prosecution in one or any of the districts in which the crucial elements are performed” (emphasis added)); United States v. Ramirez, 420 F.3d 134, 139 (2d Cir. 2005) (holding under Sixth Amendment that “venue is properly laid in any of the districts where an essential conduct element of the crime took place”) (emphasis added); State v. Ross, 646 A.2d 1318, 1333 (Conn. 1994) (“[A] person who com

2016Ed. 897, 898 (1916))); United States v. Root, 585 F.3d 145, 156 (3d Cir. 2009) (rejecting a Sixth Amendment challenge and noting that “Congress has the power to lay out the elements of a crime to permit prosecution in one or any of the districts in which the crucial elements are performed” (emphasis added)); United States v. Ramirez, 420 F.3d 134, 139 (2d Cir. 2005) (holding under Sixth Amendment that “venue is properly laid in any of the districts where an essential conduct element of the crime took place”) (emphasis added); State v. Ross, 646 A.2d 1318, 1333 (Conn. 1994) (“[A] person who com

22
State v. Leadinghamgreen
wva · 1993 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F.3d 877, 905 (3d Cir. 1999) (McKee, J., concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); 38 Lightbourne v. Dugger, 829 F.2d 1012, 1027 (11th Cir. 1987) (Anderson, J., concurring in part and dissenting in part); United States v. Taylor, 800 F.2d 1012, 1018 (10th Cir. 1986) (McKay, J., dissenting); State v. Currington, 746 P.2d 997, 1005 (Idaho Ct. App. 1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 710 A.2d 1112, 1122 (Pa. 1998) (Castille, J

2016See, e.g.; Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F,3d 877, 905 (3d Cir,1999) (McKee, J.,- concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); Lightboume v. Dugger, 829 F.2d 1012,1027 (11th Cir.1987) (Anderson, J., concurring in'part and dissenting in part); United States v, Taylor, 800 F.2d 1012,1018 (10th Cir.1986) (McKay, J., dissenting); State v. Currington, 113 Idaho 538 , 746 P.2d 997, 1005 (Idaho CtApp.1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 551, Pa. 376, 710 A.2d 1112, 1122 (199

22
Anthony N. Matteo v. Superintendent, Sci Albion the District Attorney of the County of Chester the Attorney General of the State of Pennsylvaniagreen
ca3 · 1999 · cited in 2 Iowa opinions naming this issue, 2016–2016
22
United States v. Angela Jane Johnsongreen
ca8 · 2003 · cited in 2 Iowa opinions naming this issue, 2016–2016
22
United States v. Silverio Ramirez and Angelica Vituggreen
ca2 · 2005 · cited in 2 Iowa opinions naming this issue, 2016–2016
22
United States v. Jacquesgreen
ca2 · 2012 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016Yet the court found no Sixth Amendment violation because the jailhouse informant was “entirely passive.” Id. at 331–32.

2016See, e.g., United States v. Jacques, 684 F.3d 324 , 330–32 (2d Cir. 2012) (holding that no violation of the right to counsel occurred when a friend of the defendant cooperated with the FBI in speaking to the defendant through a series of monitored phone calls and the friend asked no more than a few questions that were not of “a probing nature”); Whitten, 610 F.3d at 192– 94 (denying Sixth Amendment claim when the defendant volunteered incriminating information during conversation that the defendant 6Obviously, cross-examination is more an art than a science.

22
State Ex Rel. Juv. Dept. v. SPgreen
or · 2009 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016Dep’t of Multnomah Cty. v. S.P., 215 P.3d 847, 865 (Or. 2009) (en banc) (finding, pre-Clark, a Sixth Amendment violation when a three-year-old’s statements during an interview with a child abuse response center were admitted at trial).

2016Dep’t of Multnomah Cty. v. S.P., 215 P.3d 847, 865 (Or. 2009) (en banc) (finding, pre-Clark, a Sixth Amendment violation when a three-year-old’s statements during an interview with a child abuse response center were admitted at trial).

22
Wallace v. Pricegreen
pawd · 2003 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016And unlike the trial judge, we did not have the opportunity to see and hear the witnesses. 97 initiated); Matteo v. Superintendent, SCI Albion, 171 F.3d 877 , 895–96 (3d Cir. 1999) (finding no deliberate elicitation when the defendant had reached out to informant and the informant had largely just listened, asking only “a few clarifying questions”); Lightbourne, 829 F.2d at 1021 (finding that an alleged Sixth Amendment violation was not supported by sufficient evidence where the informant “took no actions to stimulate the incriminating remarks”); Wallace v. Price, 265 F. Supp. 2d 545, 569 (W.D

2016And unlike the trial judge, we did not have the opportunity to see and hear the witnesses. 97 initiated); Matteo v. Superintendent, SCI Albion, 171 F.3d 877 , 895–96 (3d Cir. 1999) (finding no deliberate elicitation when the defendant had reached out to informant and the informant had largely just listened, asking only “a few clarifying questions”); Lightbourne, 829 F.2d at 1021 (finding that an alleged Sixth Amendment violation was not supported by sufficient evidence where the informant “took no actions to stimulate the incriminating remarks”); Wallace v. Price, 265 F. Supp. 2d 545, 569 (W.D

22
Hartman v. Stategreen
tenn · 1995 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F.3d 877, 905 (3d Cir. 1999) (McKee, J., concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); 38 Lightbourne v. Dugger, 829 F.2d 1012, 1027 (11th Cir. 1987) (Anderson, J., concurring in part and dissenting in part); United States v. Taylor, 800 F.2d 1012, 1018 (10th Cir. 1986) (McKay, J., dissenting); State v. Currington, 746 P.2d 997, 1005 (Idaho Ct. App. 1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 710 A.2d 1112, 1122 (Pa. 1998) (Castille, J

2016See, e.g.; Johnson, 338 F.3d at 923 (Bye, J., dissenting); Matteo v. Superintendent, SCI Albion, 171 F,3d 877, 905 (3d Cir,1999) (McKee, J.,- concurring) (finding Sixth Amendment analysis contrary to Massiah but error harmless); Lightboume v. Dugger, 829 F.2d 1012,1027 (11th Cir.1987) (Anderson, J., concurring in'part and dissenting in part); United States v, Taylor, 800 F.2d 1012,1018 (10th Cir.1986) (McKay, J., dissenting); State v. Currington, 113 Idaho 538 , 746 P.2d 997, 1005 (Idaho CtApp.1987) (Swanstrom, J., dissenting); Commonwealth v. Franciscus, 551, Pa. 376, 710 A.2d 1112, 1122 (199

22
State v. Hackgreen
iowa · 1996 · cited in 2 Iowa opinions naming this issue, 2014–2014
22
State v. Schminkeygreen
iowa · 1999 · cited in 2 Iowa opinions naming this issue, 2014–2014
22
Pippins v. Stategreen
iowa · 2003 · cited in 2 Iowa opinions naming this issue, 2004–2014
22
Donald Eugene Lambert v. James Blodgett, Donald Eugene Lambert v. James Blodgettgreen
ca9 · 2004 · cited in 2 Iowa opinions naming this issue, 2007–2007
22
State v. Nelsengreen
iowa · 1986 · cited in 2 Iowa opinions naming this issue, 1987–2003
22
State v. Barsnessgreen
minn · 1990 · cited in 3 Iowa opinions naming this issue, 2016–2016
2 sentences

2016As we explain below, Minnesota departed from the Sixth Amendment analysis in Friedman v. Commissioner of Public Safety, 473 N.W.2d 828 , 836–37 (Minn. 1991).

2016As we explain below, Minnesota departed from the Sixth Amendment analysis in Friedman v. Commissioner of Public Safety, 473 N.W.2d 828 , 836–37 (Minn. 1991).

13
Mickens v. Taylorgreen
scotus · 2002 · cited in 3 Iowa opinions naming this issue, 2007–2014
2 sentences

2014See id. at 849 . (“The record shows Connor filed an ethics 1 In State v. Smitherman, 733 N.W.2d 341, 347 (Iowa 2007), the court noted “[i]n [State v. Watson, 620 N.W.2d 233 (Iowa 2000)], we held that under the Sixth Amendment we could presume prejudice when there was an actual conflict the trial court should have known about, and yet failed to inquire into.” Watson, however, “was impacted” by the United States Supreme Court ruling in Mickens v. Taylor, 535 U.S. 162, 172-73 (2002) (“[W]hen the trial court failed to conduct an inquiry (or even if it did conduct an inquiry), the Supreme Court req

2014See id. at 849 . (“The record shows Connor filed an ethics 1 In State v. Smitherman, 733 N.W.2d 341, 347 (Iowa 2007), the court noted “[i]n [State v. Watson, 620 N.W.2d 233 (Iowa 2000)], we held that under the Sixth Amendment we could presume prejudice when there was an actual conflict the trial court should have known about, and yet failed to inquire into.” Watson, however, “was impacted” by the United States Supreme Court ruling in Mickens v. Taylor, 535 U.S. 162, 172-73 (2002) (“[W]hen the trial court failed to conduct an inquiry (or even if it did conduct an inquiry), the Supreme Court req

13
State of Iowa v. Peter Leroy Vealgreen
iowa · 2019 · cited in 2 Iowa opinions naming this issue, 2019–2022
2 sentences

2022See Lilly, 930 N.W.2d at 308 (“Because the parties did not have the benefit of these refinements to the Duren/Plain standards, we have decided today to follow the same course of action as in Plain.”); Veal, 930 N.W.2d at 330 (“As in Plain and Lilly, we believe the 5 On remand, Plain failed to establish the third Duren prong, advancing only “run- of-the-mill jury management practices,” which are within the state’s broad discretion and will not sustain a cross-section challenge.

2019Veal maintains that the jury selection process used in Webster County violated the Sixth Amendment requirement that juries be drawn so as to represent a fair cross section of the community. 5 We addressed a similar claim today in Lilly , 930 N.W.2d 293 .

12
State v. Watsongreen
iowa · 2001 · cited in 2 Iowa opinions naming this issue, 2003–2014
12
Patterson v. Illinoisgreen
scotus · 1988 · cited in 2 Iowa opinions naming this issue, 2000–2014
12
Satterwhite v. Texasgreen
scotus · 1988 · cited in 1 Iowa opinions naming this issue, 2025–2025
11
Maryland v. Craiggreen
scotus · 1990 · cited in 1 Iowa opinions naming this issue, 2024–2024
11
State v. Rupegreen
iowa · 1995 · cited in 1 Iowa opinions naming this issue, 2024–2024
11
State v. Hensleygreen
iowa · 1995 · cited in 1 Iowa opinions naming this issue, 2024–2024
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
State v. Watkins green
iowa · 1990
2 sentences

2019Id. at 334 ; cf. State v. Watkins , 463 N.W.2d 411 , 412-13 (Iowa 1990) (finding no waiver when a Sixth Amendment challenge was made after the panel had been sworn).

2019Id. at 334 ; cf. State v. Watkins , 463 N.W.2d 411 , 412-13 (Iowa 1990) (finding no waiver when a Sixth Amendment challenge was made after the panel had been sworn).

31992–2019
State v. Johnson green
iowa · 1991
2 sentences

2019Id. at 334 ; cf. State v. Watkins , 463 N.W.2d 411 , 412-13 (Iowa 1990) (finding no waiver when a Sixth Amendment challenge was made after the panel had been sworn).

2019Id. at 334 ; cf. State v. Watkins , 463 N.W.2d 411 , 412-13 (Iowa 1990) (finding no waiver when a Sixth Amendment challenge was made after the panel had been sworn).

22019–2019
United States v. Whitten green
ca2 · 2010
2 sentences

2016See, e.g., United States v. Jacques, 684 F.3d 324 , 330–32 (2d Cir. 2012) (holding that no violation of the right to counsel occurred when a friend of the defendant cooperated with the FBI in speaking to the defendant through a series of monitored phone calls and the friend asked no more than a few questions that were not of “a probing nature”); Whitten, 610 F.3d at 192– 94 (denying Sixth Amendment claim when the defendant volunteered incriminating information during conversation that the defendant 6Obviously, cross-examination is more an art than a science.

2016See, e.g., United States v. Jacques, 684 F.3d 324 , 330–32 (2d Cir. 2012) (holding that no violation of the right to counsel occurred when a friend of the defendant cooperated with the FBI in speaking to the defendant through a series of monitored phone calls and the friend asked no more than a few questions that were not of “a probing nature”); Whitten, 610 F.3d at 192– 94 (denying Sixth Amendment claim when the defendant volunteered incriminating information during conversation that the defendant 6Obviously, cross-examination is more an art than a science.

22016–2016
United States v. Henry green
scotus · 1980
2 sentences

2016Henry, 447 U.S. at 270 , 100 S. Ct. at 2186–87, 65 L.

2016Henry, 447 U.S. at 270 , 100 S. Ct. at 2186–87, 65 L.

22016–2016
Ohio v. Clark green
scotus · 2015
2 sentences

2016Thus, A.W.’s age alone may settle . the Sixth Amendment inquiry. 5 Also, A.W.’s statements were made to a physician, with no law enforcement representative in. the room or even observing the encounter remotely. 'In Clark , the Supreme Court stressed “that- the relationship between a student and teacher is very different from-that between a citizen and the police.” Id, at -, 135 S.Ct. at 2182 , 192 L.Ed.2d at 317 .

2016Thus, A.W.’s age alone may settle . the Sixth Amendment inquiry. 5 Also, A.W.’s statements were made to a physician, with no law enforcement representative in. the room or even observing the encounter remotely. 'In Clark , the Supreme Court stressed “that- the relationship between a student and teacher is very different from-that between a citizen and the police.” Id, at -, 135 S.Ct. at 2182 , 192 L.Ed.2d at 317 .

22016–2016
State of Iowa v. Robert Lynn Vaughan green
iowa · 2015
12023–2023
Apprendi v. New Jersey green
scotus · 2000
12022–2022
United States v. Ronald Titlbach green
ca8 · 2003
12022–2022
In Re Miller green
mich · 2009
12022–2022
State of Iowa v. Antoine Tyree Williams green
iowa · 2019
12020–2020
Brewer v. State green
iowa · 1989
12019–2019
State v. Jones green
iowa · 1992
12019–2019
State of Iowa v. Allen Bradley Clay green
iowa · 2012
12018–2018
United States v. Rosen green
vaed · 2007
12018–2018
Friedrichs v. California Teachers Assn. green
scotus · 2016
12017–2017
Ayers v. Hudson green
ca6 · 2010
12015–2015
State v. Findling green
iowactapp · 1990
12014–2014
People v. Salsman green
nyappdiv · 1992
12003–2003
Cuyler v. Sullivan green
scotus · 1980
12001–2001

Statutes the citing opinions construe

IA § Iowa Code § 707.1 (8) IA § Iowa Code § 602.9206 (6) IA § Iowa Code § 714.1 (6) IA § Iowa Code § 124.401 (5) IA § Iowa Code § 321J.2 (5) IA § Iowa Code § 607A.3 (5) IA § Iowa Code § 706.1 (5) IA § Iowa Code § 812.3 (5) IA § Iowa Code § 607A.1 (4) IA § Iowa Code § 607A.22 (4) IA § Iowa Code § 707.2 (4) IA § Iowa Code § 804.20 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 476 (1968–2026) TX 433 (1980–2026) OH 199 (1977–2026) WA 155 (1975–2026) PA 149 (1971–2026) MI 147 (1976–2025) GA 138 (1979–2026) TN 131 (1981–2026) IL 115 (1975–2026) IN 108 (1978–2026) AZ 99 (1971–2026) DC 98 (1978–2026) FL 89 (1982–2026) IA 76 (1980–2025) NJ 71 (1977–2025) MD 65 (1971–2026) NC 65 (1980–2025) DE 64 (1976–2026) OR 61 (1974–2026) AL 59 (1981–2024) CO 51 (1981–2025) WI 51 (1980–2025) VA 51 (1983–2026) CT 49 (1982–2026) MA 46 (1974–2025) MO 46 (1973–2025) KS 45 (1990–2026) NY 44 (1972–2026) MS 44 (1982–2020) LA 38 (1983–2025) MN 36 (1984–2026) NM 36 (1982–2025) UT 36 (1983–2026) OK 29 (1977–2022) ID 29 (1979–2026) KY 24 (1972–2026) ME 22 (1973–2023) MT 20 (1975–2026) WV 18 (1981–2024) RI 18 (1979–2018) NE 18 (1982–2022) SD 15 (1969–2026) HI 15 (1981–2024) NV 14 (1982–2023) AR 13 (1988–2026) WY 13 (1983–2025) SC 12 (1975–2019) AK 10 (1979–2024) ND 10 (2003–2021) VT 10 (1979–2024) VI 7 (2002–2026) GU 4 (1978–2025) NH 2 (1991–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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