State of Iowa v. Joshua T. Dustin Hillman
17-0225
| Iowa Ct. App. | Sep 13, 2017Background
- Joshua T. D. Hillman pled guilty to fourth-degree criminal mischief for smashing two bicycles and waived the right to file a motion in arrest of judgment.
- The minutes of testimony included a written statement from a woman who said she saw Hillman put both bicycles in his truck, toss them to the ground, and smash/ruin them, and who valued each bicycle at over $200.
- Hillman appealed, arguing his plea lacked a factual basis and that his counsel was ineffective for allowing the plea and the waiver of a motion in arrest of judgment.
- He also alleged trial counsel was ineffective for failing to investigate or file an alibi defense and for not informing the court that his plea was the product of duress caused by bond-review delay and failure to seek arrest of judgment.
- The court found the record adequate to address the factual-basis claim on direct appeal, concluded the minutes supplied a factual basis for fourth-degree criminal mischief, and affirmed the conviction.
- The court preserved Hillman’s remaining ineffective-assistance claims (alibi and duress) for postconviction-relief proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plea lacked factual basis and counsel ineffective for permitting plea and waiver of motion in arrest of judgment | State: minutes of testimony supplied facts supporting the offense elements | Hillman: no factual basis existed, so counsel breached duty and prejudice presumed | Court: factual basis existed (victim statement showing destruction and value); counsel did not breach and conviction affirmed |
| Whether counsel ineffective for failing to investigate or file an alibi defense | State: inadequate record on direct appeal to resolve the claim | Hillman: counsel failed to investigate or present an alibi; prejudice asserted | Court: record inadequate to decide; claim preserved for PCR |
| Whether counsel ineffective for failing to inform court plea resulted from duress | State: inadequate record on direct appeal to resolve the claim | Hillman: plea was product of duress caused by bond-review delay and other procedural failures | Court: record inadequate to decide; claim preserved for PCR |
Key Cases Cited
- State v. Gant, 597 N.W.2d 501 (Iowa 1999) (direct-appeal adequacy for factual-basis review)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part ineffective-assistance standard: performance and prejudice)
- Rhoades v. State, 848 N.W.2d 22 (Iowa 2014) (counsel breaches duty and prejudice is presumed when guilty plea lacks factual basis and motion in arrest is waived)
- State v. Ortiz, 789 N.W.2d 761 (Iowa 2010) (factual-basis inquiry requires record demonstration of facts supporting offense elements)
- State v. McNeal, 867 N.W.2d 91 (Iowa 2015) (preservation of claims for postconviction-relief when direct record is inadequate)