failure to make claim (Iowa) · Go Syfert
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failure to make claim in Iowa

9 Iowa opinions name it 2 courts 1897–2019 0 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 (4)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 5 Iowa opinions naming this issue, 2015–2015
2 sentences

2015“If, however, an underlying claim has merit, we must determine whether the failure to make the claim amounted to a breach of duty and whether the defendant was prejudiced by the breach.”1 Id.; see also Strickland v. Washington, 466 U.S. 668, 687 (1984). 1 Here, as the State aptly points out, Cole “fails to make the necessary allegation that counsel’s failure to advise [him] on the issue of the motion to suppress induced [him] to 4 The following evidence can be gleaned from the record.

2015“If, however, an underlying claim has merit, we must determine whether the failure to make the claim amounted to a breach of duty and whether the defendant was prejudiced by the breach.” Id.; see also Strickland v. Washington, 466 U.S. 668, 687 (1984).

55
State v. McCrightgreen
iowa · 1997 · cited in 1 Iowa opinions naming this issue, 2019–2019
1 sentence

2019State v. McCright, 569 N.W.2d 605, 607 (Iowa 1997).

11
State of Iowa v. Curtis Vance Halversongreen
iowa · 2015 · cited in 1 Iowa opinions naming this issue, 2015–2015
1 sentence

2015See id.

11
Tulsa Professional Collection Services, Inc. v. Popegreen
scotus · 1988 · cited in 1 Iowa opinions naming this issue, 1995–1995
2 sentences

1995See, e.g., Tulsa Professional Collection Sens., Inc. v. Pope, 485 U.S. 478, 481 , 108 S.Ct. 1340, 1343 , 99 L.Ed.2d 565, 572-73 (1988).

1995See, e.g., Tulsa Professional Collection Sens., Inc. v. Pope, 485 U.S. 478, 481 , 108 S.Ct. 1340, 1343 , 99 L.Ed.2d 565, 572-73 (1988).

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 (3)

CaseCitedYears
Ordway v. Suchard green
iowa · 1871
1 sentence

1897Co., 49 Iowa, 657 , the failure to make defense was “through the mistake of the attorney respecting the time of the term at which the judgment was rendered, when the mistake arose not from neglect, but misinformation.” In Ordway v. Suchard, 31 Iowa, 481 , the rule is recognized that defaults should not be set aside in consequence of the party’s neglect or that of his attorneys, but it was held that, where the party was prevented from defending “on account of an accidental misplacement of the petition and notice” by his attorneys,judgment should be set aside, the other requirements of the statu

11897–1897
County of Buena Vista v. I. F. & S. C. R. Co. neutral
iowa · 1878
1 sentence

1897Co., 49 Iowa, 657 , the failure to make defense was “through the mistake of the attorney respecting the time of the term at which the judgment was rendered, when the mistake arose not from neglect, but misinformation.” In Ordway v. Suchard, 31 Iowa, 481 , the rule is recognized that defaults should not be set aside in consequence of the party’s neglect or that of his attorneys, but it was held that, where the party was prevented from defending “on account of an accidental misplacement of the petition and notice” by his attorneys,judgment should be set aside, the other requirements of the statu

11897–1897
Jean v. Hennessy green
iowa · 1888
1 sentence

1897The court says that it was the intention of the party and attorneys to make a defense; “that there was no negligence of either party or attorneys; that their failure to put in an answer within the proper time was purely accidental.” In Jean v. Hennessy, 74 Iowa, 349 ( 37 N. W.

11897–1897

Statutes the citing opinions construe

IA § Iowa Code § 669.2 (3) IA § Iowa Code § 708.3A (3) IA § Iowa Code § 719.4 (3) IA § Iowa Code § 719.7 (3) IA § Iowa Code § 7E.5 (3) IA § Iowa Code § 904.102 (3) IA § Iowa Code § 904.103 (3) IA § Iowa Code § 904.108 (3)

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

TX 21 (1897–2016) PA 18 (1897–2026) IA 9 (1897–2019) CA 8 (1935–2024) NY 8 (1908–2010) GA 7 (1880–2008) OK 7 (1935–1990) MA 5 (1916–1990) AL 4 (1888–1927) MN 4 (1914–2012) NJ 3 (1959–1999) MO 3 (1934–1996) OR 3 (1889–1944) FL 3 (1966–1999) NM 3 (1951–1985) TN 3 (1923–1950) KS 3 (1924–2009) OH 3 (1962–2004) AR 2 (1936–2019) WV 2 (2005–2013) SD 2 (1890–1912) CO 2 (1929–2000)

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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