102 Iowa L. Rev. 1811 (2017)

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Abstract

This Note analyzes recent Iowa Supreme Court decisions involving ineffective assistance of counsel claims from the viewpoint that the court is actually using such claims as a substitute for adopting the plain error rule, which has never happened in Iowa. While many states and the federal courts review issues such as the sufficiency of the factual basis for a guilty plea and prosecutorial misconduct under plain error analysis, the Iowa Supreme Court has reviewed these issues within the framework of ineffective assistance of counsel. Frequently, such review has led to holdings that defense counsel were ineffective because a prejudicial error occurred at trial, but with little regard for whether counsel's performance fell below a reasonably standard of professionalism. This Note argues that the Iowa Legislature should take action to incorporate the plain error rule, as set forth in Federal Rule of Criminal Procedure 52(b), into the Iowa Rules of Appellate Procedure, allowing Iowa courts to preserve ineffective assistance of counsel claims for situations in which the defense counsel could reasonably be held responsible.