· 3/13/2015
Eric Wayne Dempsey v. State of Iowa
Citations
- 860 N.W.2d 860
- 2015 Iowa Sup. LEXIS 26
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “a claimant must proffer more than his or her own subjective, self-serving testimony” to establish prejudice from rejecting a plea offer
- rejecting applicant’s ineffective-assistance claim when applicant “presented little more than his own subjective, self-serving testimony in support of” the claimed prejudice
- placing little value on the defendant’s “subjective, self-serving testimony” when “there [was] no other evidence in the record” to support it
- noting, when proving the prejudice prong of an ineffective-assistance claim in the guilty plea-context, the applicant’s burden requires “objective, corroborating evidence,” and “subjective, self-serving testimony” is not enough
- finding prejudice exists where a claimant proves “a reasonable probability that, but for the counsel’s unprofessional errors, the result of the proceeding would have been different” (citations omitted)
- noting applicant must prove both that (1) his counsel failed 9 to perform an essential duty, and (2) he suffered prejudice as a result of his counsel’s failure
Source: CourtListener parenthetical corpus (CC0).
Judges: Zager
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.