Skip to main content
Iowa Judicial Branch
Main Content

Case No. 19-1872

State of Iowa
v.
Joseph Eugene Peck

Appellee

State of Iowa

Appellant

Joseph Eugene Peck

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Karmen Anderson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1872
Date Published:
Oct 20, 2021
Summary

            Appeal from the Iowa District Court for Warren County, Brad McCall, Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            In this direct appeal from a guilty plea Joseph Peck claims he has good cause to appeal, that his plea counsel was ineffective, and that Iowa Code sections 814.6(1)(a)(3) and 814.7 (2019) are unconstitutional as violating separation-of-powers, due process, and equal protection.  OPINION HOLDS: Under Iowa Supreme Court precedent, which we must follow, these code sections are not unconstitutional, Peck has not shown good cause to appeal from his guilty plea, and he is not permitted to raise ineffective-assistance-of-counsel claims in this direct appeal, so we must dismiss the appeal.

© 2023 Iowa Judicial Branch. All Rights Reserved.