LADO v. STATE

No. 09-0853.

804 N.W.2d 248 (2011)

Daniel LADO, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied October 18, 2011.


Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Thomas J. Gaul , Assistant Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Richard J. Bennett , Assistant Attorney General, John P. Sarcone , County Attorney, John Judisch and Celene Gogerty , Assistant County Attorneys, for appellee.


ZAGER, Justice.

Daniel Lado appeals the district court's dismissal of his application for postconviction relief for failure to prosecute under Iowa Rule of Civil Procedure 1.944. Lado claims his failure to advance his application resulted from ineffective assistance of counsel. The court of appeals found Lado's counsel was ineffective, but preserved his claim for postconviction relief because it could not determine from the record whether there was a reasonable probability...

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