Mary Cummins v. Amanda Lollar

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding forty-five-day window commenced with issuance of the citation pursuant to Iowa Code section 805.1(4) and counsel was ineffective in failing to move to dismiss untimely indictment
• stating that trial counsel has no duty to pursue a meritless issue
• providing a defendant must prove both the “essential duty” and “prejudice” elements of an ineffective- assistance-of-counsel claim by a preponderance of the evidence
• “[T]o prove prejudice, [the applicant] must establish that ‘but for counsel’s breach of duty, [he] would not have pled guilty and would have elected instead to stand trial.’” (citation omitted)
• “The remedy for a violation of the speedy indictment rule is an absolute dismissal of the charge with prejudice and a complete bar from reindicting the defendant again on the same offense and lesser-included offenses thereof.”
• noting the applicable standard of review

Source: CourtListener parenthetical corpus (CC0).