Meho Ibrahimovic, Applicant-Appellee v. State of Iowa
16-0604
| Iowa Ct. App. | Oct 26, 2016Background
- Meho Ibrahimovic pleaded guilty to multiple counts of possession of stolen property and later sought postconviction relief claiming ineffective assistance of counsel for failure to advise on immigration consequences of his pleas.
- Ibrahimovic moved for summary disposition on his ineffective-assistance claim, arguing prejudice should be presumed from counsel’s failure to advise.
- The district court granted Ibrahimovic’s motion, finding counsel breached a duty and that prejudice was presumed as a matter of law.
- The State appealed, arguing the court should require a showing of Strickland prejudice rather than presuming prejudice under State v. Straw.
- In the district court, the State’s written resistance did not argue against the presumption of prejudice or that Ibrahimovic failed to establish prejudice; it only referenced the record and asked the court to deny the motion.
- The appellate court affirmed, holding the State waived its appellate argument by failing to present it to the district court for consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to advise of immigration consequences presumes prejudice | Ibrahimovic: prejudice should be presumed from counsel’s breach | State: (on appeal) Strickland prejudice must be shown per Straw | Waived by State; appellate court affirmed district court’s grant on waiver grounds |
| Whether district court erred in granting summary disposition | Ibrahimovic: undisputed breach entitles him to relief as a matter of law | State: argued on appeal that Straw requires showing of prejudice (not raised below) | Court affirmed because State failed to raise the argument below, constituting waiver |
Key Cases Cited
- State v. Straw, 709 N.W.2d 128 (Iowa 2006) (discusses prejudice requirement for counsel’s failure to advise on immigration consequences)
- State v. Baldon, 829 N.W.2d 785 (Iowa 2013) (party waives argument not presented to district court)
- In re N.V., 744 N.W.2d 634 (Iowa 2008) (issues not presented to trial court ordinarily not reviewable on appeal)
- State v. Miranda, 672 N.W.2d 753 (Iowa 2003) (failure to separately address an issue constitutes waiver)
- Davison v. State, 671 N.W.2d 519 (Iowa Ct. App. 2003) (issues not raised in resistance to summary judgment are waived)