Joshua Jay Barr, Applicant-Appellant v. State of Iowa
16-0890
| Iowa Ct. App. | Oct 11, 2017Background
- Joshua Barr pleaded guilty to two counts of sexual abuse in the third degree and one count of indecent contact with a child; several more serious charges (including first-degree kidnapping) were dismissed as part of the plea.
- Barr later applied for postconviction relief (PCR), claiming trial counsel was ineffective for (1) telling him he would be released in eighteen months and (2) failing to advise him he might be civilly committed as a sexually violent predator.
- At the PCR hearing Barr and family members testified counsel promised an eighteen‑month release; counsel denied this and testified he estimated roughly four years with good time on a ten‑year sentence and had advised taking the plea to avoid a mandatory life sentence on the dismissed charge.
- The PCR court found counsel credible, found Barr not credible (noting Barr admitted he would lie at plea proceedings), and denied relief.
- The Court of Appeals reviewed ineffective‑assistance claims de novo but deferred to credibility findings and affirmed the PCR denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel breached duty by failing to inform Barr he could be civilly committed | Barr: counsel should have warned him civil commitment was a possible consequence | State: civil commitment is a collateral, non‑automatic consequence; counsel had no duty to advise | Held: No duty to inform; claim fails |
| Whether counsel breached duty by falsely promising release in 18 months, causing Barr to plead guilty | Barr: he relied on promise and would not have pled otherwise | State: counsel denies promising 18 months; instead advised roughly four years with good time and urged plea to avoid life sentence | Held: PCR court found counsel credible; no breach and no ineffective assistance |
Key Cases Cited
- State v. Thorndike, 860 N.W.2d 316 (Iowa 2015) (standard of review for ineffective-assistance claims)
- State v. Ortiz, 789 N.W.2d 761 (Iowa 2010) (two‑part ineffective‑assistance test: duty and prejudice)
- State v. Straw, 709 N.W.2d 128 (Iowa 2006) (claim fails if either deficiency or prejudice lacking)
- Taylor v. State, 352 N.W.2d 683 (Iowa 1984) (appellate courts give weight to trial court credibility findings)
- State v. Schaer, 757 N.W.2d 630 (Iowa 2008) (counsel has no duty to raise meritless issues)