IOWA SUPREME COURT CASES
APRIL, 2001

  1. INEFFECTIVE ASSISTANCE FOUND;
[2] DEFENSE COUNSEL CHARGED WITH KNOWING AND ADVISING FOREIGN NATIONALS OF THEIR RIGHT TO CONSULT WITH CONSULATE;
[3] INEFFECTIVE ASSISTANCE BASED ON INTERPRETER'S PERFORMANCE RECOGNIZED


Ledezma v. State, ___ N.W.2d ___ (Sup. Ct. No. 99-1019) (Iowa 4/25/2001)  [1] Ineffective assistance:  failure to investigate.  Counsel was ineffective in failing to investigate "the only reasonable and realistic defense" available to defendant.  Urging that the victim consented to sexual intercourse with defendant, counsel failed to interview potential witnesses regarding why the victim left a bar with three men including the defendant and failed to interview a store clerk who might have been able to testify as to the absence of unusual activity between the victim and defendant while the car was parked outside the store.   [2]  Ineffective assistance:  advising defendant not to testify.  Counsel was ineffective in advising defendant not to testify based on last-minute information that he believed (but on which he did not gather all the necessary facts) inculpated defendant; and in giving this advice without informing the defendant of the


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