Bobby Gene Blue, Applicant-Appellant v. State of Iowa, 16-2201

Bobby Gene Blue was charged with second-degree sexual abuse, lascivious acts with a child, and indecent contact; exposure carried up to 25 years with a 70% mandatory minimum for second-degree sexual abuse.
Blue accepted a plea to third-degree sexual abuse and lascivious acts, receiving a 15-year sentence without a mandatory minimum.
He did not move in arrest of judgment or appeal; he raised claims for the first time in a postconviction relief (PCR) application.
Blue alleged trial counsel was ineffective for failing to file a motion to suppress his incriminating statements to police, and that he would have gone to trial if told the statements might be inadmissible.
The PCR court found counsel’s testimony more credible than Blue’s, Blue did not introduce the confession video, and the court denied relief.
The Court of Appeals reviewed de novo the constitutional claim but deferred to credibility findings and affirmed the PCR denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel breached duty by not filing a suppression motion	Blue: counsel should have moved to suppress his police confession	State: counsel had no duty to raise a meritless motion; credibility and missing video undermine claim	Court: No breach shown—credibility favored counsel and videotape not produced, so merit unclear
Whether Blue was prejudiced re: guilty plea	Blue: would have insisted on trial if suppression possible	State: Blue sought a plea for "damage control" and never claimed innocence or demand for trial; his trial strategy supports pleading	Court: No prejudice—Blue’s PCR testimony was self-serving and contradicted prior intent; no reasonable probability he would have refused the plea
Standard of review for ineffective-assistance claim in plea context	Blue: entitlement to de novo review of constitutional claim	State: de novo for constitutional issues but credibility findings receive deference	Court: Applied de novo review overall but deferred to trial court credibility findings
Burden of proof to show ineffective assistance in plea cases	Blue: must show counsel breached duty and prejudice affecting plea decision	State: same standard; absence of evidence (video) and counsel credibility defeats proof	Court: Applied two-prong test and found Blue failed both elements

Everett v. State, 789 N.W.2d 151 (Iowa 2010) (de novo review for constitutional claims in PCR)
Maxwell v. State, 743 N.W.2d 185 (Iowa 2008) (ineffective-assistance two-part test)
Carroll v. State, 767 N.W.2d 638 (Iowa 2009) (prejudice standard in guilty-plea ineffective-assistance claims)
Tague v. State, 676 N.W.2d 197 (Iowa 2004) (deference to trial court credibility findings)
Dudley v. State, 766 N.W.2d 606 (Iowa 2009) (no duty to raise nonmeritorious issues)
Kirchner v. State, 756 N.W.2d 202 (Iowa 2008) (need not prove both prongs if one fails; self-serving statements insufficient)
Tate v. State, 710 N.W.2d 237 (Iowa 2006) (conclusory claims of prejudice insufficient)