issue through claim (Iowa) · Go Syfert
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issue through claim in Iowa

5 Iowa opinions name it 2 courts 2013–2022 1 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 (2)

CaseFollowedCited
State of Iowa v. Jeffrey Alan Schoriesgreen
iowa · 2013 · cited in 2 Iowa opinions naming this issue, 2018–2018
2 sentences

2018On the other hand, if the record reveals substantial evidence, counsel’s failure to raise the claim of error could not be prejudicial.” (citation omitted)); see also State v. Schories, 827 N.W.2d 659 , 664–65 (Iowa 2013) (“In any event, the question of preservation hardly matters because [the defendant] may raise the issue through a claim of ineffective assistance of counsel. . . . [I]n order to determine the ineffectiveness issue on this appeal, we are only required to determine whether the motion would have been meritorious even if the sufficiency of the evidence challenge had not been prese

2018On the other hand, if the record reveals substantial evidence, counsel’s failure to raise the claim of error could not be prejudicial.” (citation omitted)); see also State v. Schories, 827 N.W.2d 659 , 664–65 (Iowa 2013) (“In any event, the question of preservation hardly matters because [the defendant] may raise the issue through a claim of ineffective assistance of counsel. . . . [I]n order to determine the ineffectiveness issue on this appeal, we are only required to determine whether the motion would have been meritorious even if the sufficiency of the evidence challenge had not been prese

22
State v. Kempgreen
iowa · 2004 · cited in 1 Iowa opinions naming this issue, 2018–2018
1 sentence

2018On the other hand, if the record reveals substantial evidence, counsel’s failure to raise the claim of error could not be prejudicial.” (citation omitted)); see also State v. Schories, 827 N.W.2d 659 , 664–65 (Iowa 2013) (“In any event, the question of preservation hardly matters because [the defendant] may raise the issue through a claim of ineffective assistance of counsel. . . . [I]n order to determine the ineffectiveness issue on this appeal, we are only required to determine whether the motion would have been meritorious even if the sufficiency of the evidence challenge had not been prese

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 (2)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2018It would surely be ineffective under the standards announced in Strickland v. Washington , 466 U.S. 668 (1984), if [ ] counsel failed to preserve a valid motion for acquittal based on the State's lack of substantial evidence tending to [ ]prove the elements." Id.

2018It would surely be ineffective under the standards announced in Strickland v. Washington , 466 U.S. 668 (1984), if [ ] counsel failed to preserve a valid motion for acquittal based on the State's lack of substantial evidence tending to [ ]prove the elements." Id.

22013–2018
Dunbar v. State green
iowa · 1994
1 sentence

2022See, e.g., Harryman v. State, No. 14-1334, 2015 WL 4935640 , at *5 (Iowa Ct. App. Aug. 19, 2015) (“Nevertheless, an applicant may raise an ineffective-assistance-of-PCR- counsel claim on appeal from the denial of a PCR application. (citing Dunbar v. State, 515 N.W.2d 12 , 15-16 (Iowa 1994))). 13 court ruled only on the fair cross-section claim.7 Further, the PCR court never received arguments about opening statements that Harris now raises on appeal.8 As neither claim was properly preserved, we discuss them no further. 5.

12022–2022

Where else courts name it

IA 5 (2013–2022) FL 2 (2012–2019) UT 2 (2006–2020)

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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