State of Iowa v. Judith Renae Utter

Summary

The Iowa Supreme Court held that the State violated Iowa's speedy indictment rule by filing the trial information more than forty-five days after issuing a citation to Judith Renae Utter. Counsel rendered ineffective assistance by failing to move for dismissal, and Utter was prejudiced because the charge would have been dismissed with prejudice. The court vacated the court of appeals decision, reversed the district court judgment, vacated Utter's guilty plea, and remanded with instructions to dismiss the information.

Holdings

1. The State violated Iowa Rule of Criminal Procedure 2.33(2)(a) because Utter's citation constituted an arrest for speedy-indictment purposes, and the State filed the trial information after the forty-five-day period expired without showing good cause or waiver.
2. Trial counsel failed to perform an essential duty by failing to file a motion to dismiss based on the State's violation of the speedy-indictment rule and thereafter permitting Utter to plead guilty after the deadline had expired.
3. Utter established prejudice because, had counsel filed the motion, the court would have dismissed the information and the State would have been barred from prosecuting the charged offense or another violation of Iowa Code section 123.47 arising from the same party. Her guilty plea therefore was not voluntary or intelligent.

Questions Presented

1. Whether the State violated Iowa Rule of Criminal Procedure 2.33(2)(a) by filing the trial information more than forty-five days after Utter's citation.
2. Whether trial counsel rendered ineffective assistance by failing to move to dismiss the charge for violation of the speedy-indictment rule and permitting Utter to plead guilty after the deadline expired.
3. Whether counsel's failure prejudiced Utter and rendered her guilty plea involuntary and unintelligent.

Disposition

reversed_and_remanded