State v. Kehoe, 804 N.W.2d 302

Michelle Kehoe was convicted of first-degree murder, attempted murder, and child endangerment resulting in serious injury after pleading insanity defense.
Kehoe's actions included kidnapping and killing one child at a pond, attempting suicide, and leaving another child alive; she survived and reported an attack by a man.
Two experts supported insanity defense; one State expert opined Kehoe was fully capable of deliberation and understanding on the crime date.
The jury was given an insanity instruction based on Iowa Code 701.4; no challenge to its constitutionality was raised by trial counsel.
Kehoe did not have trial counsel object to a marshalling instruction omitting malice aforethought for attempted murder, nor requested a verdict-consequences instruction for insanity.
The appellate court affirmed the convictions, ruling on ineffective-assistance arguments under Strickland/Afinson standards.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of Iowa Code 701.4	Kehoe argues 701.4 violates due process and avoids volitional prong.	Kehoe's counsel failed to challenge, but the statute withstands due process under Clark and Iowa law.	No due process violation; no ineffective assistance from failure to challenge.
Need for instruction on consequences of insanity acquittal	Counsel should have urged an instruction informing consequences of insanity verdict.	Instruction is generally unnecessary; failure to request not ineffective.	No error; counsel not ineffective for not requesting instruction.
Marshalling instruction omission of malice for attempted murder	Omission violated requirement that malice be an element of murder-related offenses, entitling ineffective assistance.	Attempt to commit murder does not require malice aforethought; marshalling instruction proper.	No ineffective assistance; malice not an element of section 707.11.

State v. Craney, 347 N.W.2d 679 (Iowa 1984) (upheld M’Naghten rule subsumes other insanity defenses)
State v. James, 393 N.W.2d 465 (Iowa 1986) (due process challenge to insanity-burden upheld; Iowa constitution discussed)
Clark v. Arizona, 548 U.S. 735 (U.S. Supreme Court 2006) (full vs abridged M’Naghten rule constitutional under due process)
State v. Hamann, 285 N.W.2d 180 (Iowa Ct.App. 1979) (instruction on insanity consequences generally not required)
State v. Graves, 668 N.W.2d 860 (Iowa 2003) (presumption of reasonable professional assistance; meritless issues need not be raised)
State v. Bruegger, 773 N.W.2d 862 (Iowa 2009) (cruel and unusual punishment analysis; sentencing proportionality)
Cronkhite, 613 N.W.2d 664 (Iowa 2000) (punishment within statutory limits generally not cruel and unusual)
Leland v. Oregon, 343 U.S. 790 (U.S. Supreme Court 1952) (due process on insanity defense burden)
State v. Young, 686 N.W.2d 182 (Iowa 2004) (elements of attempted murder; malice not required under statute)