Kara Marie Crapser, Applicant-Appellant v. State of Iowa, 16-0595

In 2011 Kara Crapser was charged with first-degree murder and child endangerment in the death of a five-year-old; in 2012 she pled guilty to amended charge of second-degree murder and received a 50-year sentence with 70% parole eligibility, and did not appeal.
In August 2014 she filed for postconviction relief (PCR) claiming ineffective assistance of counsel for failing to file a motion in arrest of judgment attacking the voluntariness/knowing nature of her plea.
At PCR trial the district court found counsel breached an essential duty by not moving in arrest of judgment because the plea colloquy failed to inform her she had the right to compulsory process for witnesses.
The district court nonetheless denied relief, concluding Crapser could not show prejudice (no reasonable probability she would have insisted on trial).
On appeal the court reviewed ineffective-assistance claims de novo, agreed counsel breached a duty but affirmed because Crapser failed to show prejudice given the strength of the State’s case and that key witnesses (including her boyfriend) were already listed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for failing to file a motion in arrest of judgment after a deficient plea colloquy	Counsel breached duty by not moving to arrest judgment because plea colloquy omitted right to compulsory process	Counsel’s omission was not prejudicial; plea still valid in outcome	Court: Counsel breached an essential duty but relief denied for lack of prejudice
Whether appellant suffered prejudice such that she would have gone to trial but for counsel’s error	Crapser would have subpoenaed her boyfriend who would have implicated him in the fatal act; she would have insisted on trial	State: Strong evidence against Crapser; witnesses prepared to testify she abused the child; boyfriend was already listed; plea yielded substantial benefit (reduced exposure)	Court: No reasonable probability she would have chosen trial; prejudice not shown; PCR denied

State v. Philo, 697 N.W.2d 481 (Iowa 2005) (standards for challenging voluntariness of plea)
Strickland v. Washington, 466 U.S. 668 (1984) (two-part ineffective-assistance standard)
State v. Myers, 653 N.W.2d 574 (Iowa 2002) (plea colloquy must mention compulsory process)
State v. Bearse, 748 N.W.2d 211 (Iowa 2008) (de novo review of ineffective-assistance claims)
Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice in plea context requires reasonable probability defendant would have gone to trial)
State v. Ambrose, 861 N.W.2d 550 (Iowa 2015) (likelihood of different result must be substantial)
State v. Carey, 709 N.W.2d 547 (Iowa 2006) (strength of prosecution’s case central to prejudice analysis)