OWI - Wrongful Death with Drunk Driving

Posted on Dec 19, 2013

No. 12-1453  [3-994] 

AFFIRMED. 

MARTIN v. STATE  

            Appeal from the Iowa District Court for Pottawattamie County, Timothy O'Grady, Judge.  Considered by Mullins, P.J., McDonald, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (8 pages)  

              Robert Martin lost control of the vehicle he was driving and struck a person, who died as a result of his injuries.  Martin had been drinking prior to the accident.  He was charged with homicide by vehicle, leaving the scene of an accident, and driving while license suspended or revoked.  Martin's defense was that the accident was due to the weather and not his intoxication.  After a trial to the court, Martin was found guilty of the charges.  He filed an application for postconviction relief, which was denied by the district court.  He now appeals.  OPINION HOLDS: I.  Martin has not shown he received ineffective assistance because his defense counsel did not file a motion to suppress based on his assertion that officers did not have probable cause to arrest him.  II.  Martin failed to show he received ineffective assistance because his defense counsel did not fully investigate the case by obtaining an earlier accident expert earlier.  III.  Martin has not shown defense counsel did not do enough to obtain a plea bargain for him; he has no right to be offered a plea.  IV.  Finally, Martin has not shown he received ineffective assistance based on his claim that defense counsel pressured him to waive his right to a speedy trial. 

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Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death