Ross Cashen, Applicant-Appellant v. State of Iowa, 16-0038

In April 2007 a complaint and arrest warrant were filed in Delaware County charging Ross Cashen with second-degree sexual abuse; warrant executed/returned April 14, 2008 and trial information filed May 12, 2008.
Cashen was in Marshall County jail on unrelated charges when the Delaware County warrant was issued; he posted bail April 15, 2008 and requested counsel April 21, 2008.
On October 12, 2009 Cashen moved to dismiss the trial information under Iowa R. Crim. P. 2.33(2)(a) (45-day speedy-indictment rule); the district court denied the motion as untimely.
Cashen pleaded guilty to lascivious acts with a child (class D felony), was sentenced, and his conviction was later affirmed on direct appeal.
Cashen filed a postconviction-relief (PCR) application claiming ineffective assistance: (1) counsel failed to timely move to dismiss under the speedy-indictment rule, and (2) counsel failed to explain sex-offender registration consequences.
The district court denied PCR; on appeal the Court of Appeals affirmed, finding no merit to either ineffective-assistance claim because the record showed the trial information was timely and Cashen failed to prove what counsel told him about registration.

Issue	Plaintiff's Argument (Cashen)	Defendant's Argument (State)	Held
Whether counsel was ineffective for not filing a timely motion to dismiss under the 45-day speedy-indictment rule	Counsel should have moved to dismiss because Cashen was arrested April 24/25, 2007 and trial information filed May 12, 2008 exceeded 45 days	Docket and records show arrest/initial appearance occurred April 21, 2008; trial information was filed within 45 days, so dismissal motion would have failed	Denied — no ineffective assistance; evidence shows timely filing, so no prejudice from not filing the motion
Whether counsel was ineffective for not explaining sex-offender registration would be for life	Cashen says he was told registration was 10 years at plea, but later told registration is for life; counsel failed to advise of lifetime registration	Issue concerns events after conviction; Cashen failed to testify what counsel told him and did not meet burden to show deficient performance or prejudice	Denied — Cashen did not prove counsel’s deficient performance or resulting prejudice

Ennenga v. State, 812 N.W.2d 696 (Iowa 2012) (standard for ineffective-assistance review)
State v. Wing, 791 N.W.2d 243 (Iowa 2010) (when a person is "arrested" for speedy-indictment rule)
State v. Penn-Kennedy, 862 N.W.2d 384 (Iowa 2015) (purposes of the speedy-indictment rule)
State v. Lopez, 872 N.W.2d 159 (Iowa 2015) (counsel not ineffective for failing to raise meritless objections)
State v. Waters, 515 N.W.2d 562 (Iowa Ct. App. 1994) (custody requirement for arrest under speedy-indictment rule)
State v. Carroll, 767 N.W.2d 638 (Iowa 2009) (two-part ineffective-assistance test)
McKettrick v. State, 480 N.W.2d 52 (Iowa 1992) (applicant’s burden to prove ineffective assistance)