State of Iowa v. Max v. Thorndike
860 N.W.2d 316
| Iowa | 2015Background
- Thorndike was convicted in Iowa of two counts of sexual abuse in the second degree and one count of lascivious acts with a child; he appeals alleging ineffective assistance of counsel.
- The defense challenged the lascivious-acts instruction, specifically alternative 1(a), arguing the State failed to prove Thorndike fondled or touched a child’s genitals.
- Evidence at trial showed Ja.S. and Jo.S. testified Thorndike entered their room and caused them to touch his genitals; there was no direct evidence Thorndike touched their genitals.
- The district court gave a jury instruction detailing two alternative theories for lascivious acts, including the unsupported alternative 1(a).
- During closing, the State suggested the applicable alternative and later stated that the second alternative was the basis for guilt; the jury returned a general verdict.
- The Court of Appeals affirmed the convictions; the Iowa Supreme Court granted further review to address ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance from failure to object to 1(a) | Thorndike claims failure to object prejudiced him by allowing an unsupported theory. | Thorndike asserts the alternative 1(a) lacked evidentiary support and could have affected the verdict. | No prejudice; record shows no evidence supporting 1(a) and State did not rely on it. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes prejudice standard for ineffective assistance)
- Maxwell v. State, 743 N.W.2d 185 (Iowa 2008) (ineffective-assistance standard and prejudice analysis in Iowa)
- Simmons v. State Pub. Defender, 791 N.W.2d 69 (Iowa 2010) (applies Strickland prejudice framework in Iowa)
- State v. Tate, 710 N.W.2d 237 (Iowa 2006) (postconviction-type considerations in direct appeal context)
- State v. Lyman, 776 N.W.2d 865 (Iowa 2010) (counsel performance evaluated against reasonable-professional-norms)
- State v. Heemstra, 721 N.W.2d 549 (Iowa 2006) (general-verdict basis concerns in error analysis)