Sothman v. State
| Docket Number | 19-1837 |
| Decision Date | 10 December 2021 |
The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court denying Defendant's application for postconviction relief, holding that there was no error
Defendant pleaded guilty to child endangerment resulting in death. The court imposed an indeterminate sentence of up to fifty years with immediate parole eligibility. Defendant later filed the instant application for postconviction relief, alleging that counsel provided ineffective assistance in...
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52 cases
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State v. Patten
...the United States Supreme Court has declared that plea-bargaining ‘is the criminal justice system.’ " Sothman v. State , 967 N.W.2d 512, 540 (Iowa 2021) (McDermott, J., dissenting) (citation omitted) (quoting Missouri v. Frye , 566 U.S. 134, 144, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012) ). Gi......
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State v. Basquin
...Pilot Project (Feb. 14, 2017).4 In Sothman v. State , we recognized defendants have a right to a plea hearing in open court. 967 N.W.2d 512, 529 (Iowa 2021). A defendant can waive such requirement. See id. at 528–29. Basquin was informed of this right and waived this right by affirmatively ......
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Jackson v. State
... ... pleaded guilty to their underlying conviction can only ... establish the prejudice prong by establishing a reasonable ... probability that, but for counsel's errors, they would ... not have pleaded guilty and instead would have elected to go ... to trial. Sothman v. State, 967 N.W.2d 512, 523 ... (Iowa 2021). This requirement cannot be satisfied by an ... applicant's conclusory after-the-fact statement that they ... would have gone to trial but for counsel's deficient ... performance. See Doss v. State, 961 N.W.2d 701, 714 ... ...
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Jenkins v. State
...967 N.W.2d 512, 522 (Iowa 2021). While not bound by them, "we give weight to the lower court's findings concerning witness credibility." Id. (citation omitted). III. Discussion Jenkins's claims require proof, by a preponderance of the evidence, that (1) his counsel failed to perform an esse......
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