State of Iowa v. Jeffrey S. Gundersen, 16-1105

Background

Gundersen was charged separately with obstruction of prosecution and theft; he waived jury trials in writing and both matters were tried to the court in back-to-back bench trials.
The obstruction charge stemmed from a notarized affidavit Gundersen signed while jailed, stating he witnessed Steven Walker "lend" his truck to Rudolph Lucero on Feb. 17, 2015; evidence showed the truck had been stolen that morning.
Gundersen had been in the same jail wing as Lucero and admitted signing the affidavit; Lucero used it in attempts to avoid prosecution and later pled guilty to a lesser vehicle offense.
At trial Gundersen’s story shifted: he first told police he saw keys handed over at midday, then testified he was 45 feet away in the afternoon and could not hear conversations; the district court found the affidavit false.
The court did not pronounce verdicts in open court but filed written findings; it later denied Gundersen’s posttrial motions in open court and recited its findings before sentencing.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for obstruction (Iowa Code § 719.3(1))	State: evidence shows Gundersen knowingly provided false evidence (the affidavit) intended for use in Lucero’s prosecution	Gundersen: no proof of intent to obstruct; affidavit wouldn’t have been admissible at Lucero’s trial	Held: Affirmed; substantial evidence supports intent to obstruct and intended use in prosecution
Ineffective assistance — defective jury-waiver procedure (Iowa R. Crim. P. 2.17(1))	State: waiver was in writing; no presumption of prejudice without in-court colloquy	Gundersen: counsel failed to secure on-the-record colloquy; waiver thus invalid and structural error	Held: Preserved for postconviction relief — record inadequate to prove actual prejudice; no presumption of prejudice
Ineffective assistance — verdict not pronounced in open court (Iowa R. Crim. P. 2.17(2))	State: court remedied by reciting verdict at motion hearing/sentencing	Gundersen: counsel failed to ensure verdict was announced publicly; seeks structural error relief	Held: No prejudice; court read its verdicts in open court before sentencing, so claim fails

Key Cases Cited

State v. Huser, 894 N.W.2d 472 (Iowa 2017) (standard of review for sufficiency of evidence on appeal)
State v. Casaday, 491 N.W.2d 782 (Iowa 1992) (intent may be proved by circumstantial evidence and reasonable inferences)
State v. Liddell, 672 N.W.2d 805 (Iowa 2003) ("on the record" jury-waiver requires in-court colloquy)
State v. Feregrino, 756 N.W.2d 700 (Iowa 2008) (absence of colloquy does not automatically prove prejudice; defendant must show actual prejudice)
State v. Morgan, 877 N.W.2d 133 (Iowa Ct. App. 2016) (two-prong test for ineffective assistance: duty and prejudice)
State v. Clay, 824 N.W.2d 488 (Iowa 2012) (assess cumulative effect of counsel’s errors for prejudice)
State v. Straw, 709 N.W.2d 128 (Iowa 2006) (on direct appeal, record may be adequate to decide ineffective-assistance claims or preserve them for PCR)
State v. Johnson, 784 N.W.2d 192 (Iowa 2010) (preserving jury-waiver defects for postconviction review when record inadequate)
State v. Jones, 817 N.W.2d 11 (Iowa 2012) (court must announce verdict in open court unless waived; later reading of verdict can cure defect)
Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (public proceeding requirement and appropriate remedies for deprivation)
State v. Kennedy, 846 N.W.2d 517 (Iowa 2014) (discusses admission of affidavits and confrontation concerns)
State v. Abbas, 561 N.W.2d 72 (Iowa 1997) (no need to move for judgment of acquittal in bench trial; sufficiency may be raised on appeal)
State v. Howse, 875 N.W.2d 684 (Iowa 2016) (preservation not required to raise sufficiency claim on appeal)
State v. Anspach, 627 N.W.2d 227 (Iowa 2001) (bench-trial sufficiency review not barred by failure to move for acquittal)