Ian Lee Leib
v.
State of Iowa
Appellant
Ian Lee Leib
Appellee
State of Iowa
Attorney for the Appellant
Joel Baxter
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Audubon County, Jeffrey L. Larson, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Bower, C.J. (4 pages)
Ian Leib appeals the dismissal of his application for postconviction relief, contending trial counsel was ineffective in failing to obtain the certified K-9 officer’s training records and filing a motion to suppress. OPINION HOLDS: The K-9 officer was a certified drug dog and is thus presumed reliable. Leib presented no evidence to rebut the dog’s reliability. Consequently, trial counsel breached no duty in not filing a motion to suppress. Leib’s ineffective-assistance claim fails, and the court did not err in dismissing the application.
