noting we may not penalize a defendant for inadequate briefing on a claim of ineffective assistance on direct appeal
Summary of this case from State v. KigerNo. 16–0191.
08-17-2016
STATE of Iowa, Plaintiff–Appellee, v. Preston ROBY, Defendant–Appellant.
Jeremy B.A. Feitelson of Feitelson Law, L.L.C., West Des Moines, for appellant. Thomas J. Miller, Attorney General, and Martha E. Trout, Assistant Attorney General, for appellee.
Affirmed.
noting we may not penalize a defendant for inadequate briefing on a claim of ineffective assistance on direct appeal
Summary of this case from State v. Kigerpreserving for postconviction relief and noting "we may not rule on the merits of a claim without an adequate record or penalize [defendant] for inadequate briefing of the claim on direct appeal"
Summary of this case from State v. Moellerpreserving for postconviction relief and noting "we may not rule on the merits of a claim without an adequate record or penalize [defendant] for inadequate briefing of the claim on direct appeal"
Summary of this case from State v. MoellerFull title:STATE of Iowa, Plaintiff–Appellee, v. Preston ROBY, Defendant–Appellant.
Court:Court of Appeals of Iowa.
Date published: Aug 17, 2016
In such cases, we typically preserve a defendant's claims for possible postconviction-relief proceedings.…
State v. MoellerWe do so regardless of our estimation of the claim's "potential viability." See State v. Johnson, 784 N.W.2d…