State of Iowa v. Max v. Thorndike

How courts have described this case

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

• requiring that, in order to succeed on a claim of ineffective assistance of counsel, a defendant must show “by a preponderance of the evidence: ‘(1) his trial counsel failed to perform an essential duty, and (2) this failure resulted in prejudice’”
• finding no prejudice from superfluous alternatives in lascivious-acts instruction because the State “made no argument to the jury that the unsupported alternative applied”
• noting we address claims of ineffective assistance of counsel in a direct appeal only when the record is adequate
• noting “[w]e review ineffective-assistance-of-counsel claims de novo,” “because such claims are grounded in the Sixth Amendment”
• finding no prejudice where appellate court’s confidence in the jury’s verdict is not undermined
• “[A]n ineffective-assistance-of-counsel claim ‘need not be raised on direct appeal . . . in order to preserve the claim for postconviction relief purposes.’” (quoting Iowa Code § 814.7(1) (2013))

Source: CourtListener parenthetical corpus (CC0).