State of Iowa v. Dennis Lee Korf
16-1335
| Iowa Ct. App. | Aug 16, 2017Background
- On Aug. 23, 2015 Korf made an unlawful left turn on his motorcycle against officers’ directions and a “no left turn” sign; officers stopped him.
- Korf struggled and appeared confused while producing license/registration; officers detected odor of alcohol and slurred/stuttered speech.
- Officer Jon Dallman observed bloodshot/watery eyes and constricted pupils; Korf admitted drinking two beers and taking tramadol ("doubled up").
- Dallman administered HGN (4 of 6 clues), a preliminary breath test was marked a refusal after deception, and a Datamaster breath test produced a .025 BAC on the second attempt.
- Dallman performed a drug-recognition evaluation and concluded Korf was impaired by alcohol and a narcotic analgesic; Korf refused a urine test.
- Korf was convicted by a jury of OWI while under the influence of a combination of alcohol and another drug; he appealed claiming ineffective assistance and insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failing to object to officer testimony about penalty for refusing Datamaster | Korf: counsel should have objected to testimony about refusal consequences and deception evidence | State: record does not show counsel’s strategy; implied consent advisory was admitted and contained same info | Court: record inadequate to resolve on direct appeal; preserved for PCR proceedings |
| Ineffective assistance for failing to object to testimony about attempts to deceive Datamaster | Korf: counsel should have objected to testimony that Korf tried to deceive breath test | State: strategic reasons possible; record silent on trial strategy | Court: preserved for PCR; cannot decide ineffective assistance on direct appeal |
| Sufficiency of evidence of impairment by combination of alcohol and drug | Korf: evidence insufficient—BAC below legal limit (.025) so no lawful impairment shown | State: HGN, officer observations (pupil constriction, eyelid tremors, odor, admission of tramadol), and driving conduct support impairment finding | Court: affirmed conviction—substantial evidence supports verdict |
| Prejudice from alleged errors in testimony | Korf: any improper testimony prejudiced outcome | State: even if testimony improper, implied consent advisory in evidence would mitigate prejudice | Court: cannot resolve cumulative prejudice on direct appeal; PCR required |
Key Cases Cited
- State v. Clay, 824 N.W.2d 488 (Iowa 2012) (standards for ineffective-assistance claims and when record is adequate on direct appeal)
- State v. Ondayog, 722 N.W.2d 778 (Iowa 2006) (postconviction proceedings often necessary to distinguish trial strategy from ineffective assistance)
- State v. Armstrong, 787 N.W.2d 472 (Iowa Ct. App. 2010) (standard for reviewing sufficiency of the evidence)