IA: Where IAC claims based on persuading for overruling of settled law, def counsel hardly ineffective

Defendant’s argument on post-conviction that defense counsel should have argued for overruling of state authority on the search incident and automobile exception doctrines because of subtle changes in the law isn’t grounds for post-conviction. All that shows is that the law was essentially settled at the time and defendant can’t show prejudice. White v. State, 2017 Iowa App. LEXIS 366 (April 19, 2017)

Defense counsel wasn’t timely in filing a motion to suppress the search in this case, but the trial court also denied it on the merits. The court of appeals considers the merits, too, and defendant wasn’t prejudiced where he loses anyway. State v. Kemp, 2017 Iowa App. LEXIS 373 (April 19, 2017).*

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