STATE v. FARMER (2021)

Court of Appeals of Iowa.

STATE of Iowa, Plaintiff-Appellee, v. Sean FARMER, Defendant-Appellant.

No. 19-1639

Decided: August 18, 2021

Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.

Martha J. Lucey, State Appellate Defender, and Maria Ruhtenberg, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, and Katie Krickbaum (until withdrawal) and Kevin Cmelik, Assistant Attorneys General, for appellee.

Sean Farmer appeals his conviction for first-degree robbery. Farmer asserts his trial counsel was ineffective in failing to file a motion to suppress an allegedly overly suggestive identification. This court does not address ineffectiveness claims on direct appeal. See Iowa Code § 814.7 (2019 Supp.) (“[T]he claim shall not be decided on direct appeal from the criminal proceedings.”); State v. Treptow, 960 N.W.2d 98, 107–08 (Iowa 2021) (holding the statutory provision does not violate due process or deprive a defendant of his right to effective assistance of counsel); State v. Tucker, 959 N.W.2d 140, 151 (Iowa 2021) (holding the provision does not violate separation-of-powers doctrine). In the alternative, Farmer asks that the court adopt plain error. “We have repeatedly rejected plain error review and will not adopt it now.” Treptow, 960 N.W.2d at 109. Therefore we affirm.

AFFIRMED.

BOWER, Chief Judge.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network