State of Iowa v. Chad Joseph Moeller, 16-0901

On Jan 27, 2016, police arrested Chad Moeller after finding heroin, methamphetamine, and marijuana; he was charged with possession with intent to deliver heroin (and other counts later dismissed as part of a plea).
The district court appointed counsel at Moeller’s initial appearance.
On Feb 17 Moeller filed a pro se motion for new counsel alleging a complete breakdown in communication and that appointed counsel failed to follow through on bond and discovery matters.
The court denied the pro se motion conditionally, directing counsel to confer with Moeller and declining to set a hearing unless counsel requested one; the court also denied Moeller’s pro se motion to produce.
Neither Moeller nor his attorney sought a hearing; on Mar 15 Moeller pled guilty to possession with intent to deliver heroin in exchange for dismissal of other drug counts and was sentenced to up to ten years.
On appeal Moeller argued a Sixth Amendment denial of counsel because the court failed to inquire into his request for substitute counsel; the Court of Appeals preserved the ineffective-assistance claim for postconviction proceedings and affirmed the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court erred by failing to inquire into Moeller’s pro se request for new counsel	State: the court’s conditional denial (requiring counsel to confer) was sufficient and Moeller’s later plea/satisfaction at colloquy cured any issue	Moeller: his motion alleged a colorable complaint—complete lack of communication and counsel’s failures—triggering the court’s duty to inquire	The court found the pro se motion presented a colorable complaint and the district court failed to make the required inquiry; conviction affirmed but denial-of-counsel claim preserved for postconviction relief
Whether Moeller received ineffective assistance of counsel warranting resolution on direct appeal	State: claim not preserved for direct resolution; plea colloquy statements and lack of hearing request undermine prejudice showing	Moeller: counsel failed to perform an essential duty (did not request a hearing), entitling him to relief if prejudice shown	Court: preserved ineffective-assistance claim for postconviction proceedings because the record is inadequate to adjudicate prejudice on direct appeal

State v. Tejeda, 677 N.W.2d 744 (Iowa 2004) (district court has duty to inquire when defendant makes a colorable complaint about counsel communication)
State v. Shanahan, 712 N.W.2d 121 (Iowa 2006) (ineffective-assistance claims are generally preserved for postconviction proceedings to develop a full record)
State v. Johnson, 784 N.W.2d 192 (Iowa 2010) (preservation principles apply regardless of perceived viability of the claim)