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Case No. 21-0972

For summaries from opinions prior to August, 2018, view PDF versions here

Ian Lee Leib
v.
State of Iowa

Appellant

Ian Lee Leib

Appellee

State of Iowa

Attorneys for Appellant

Joel Baxter

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0972
Date Published:
Jan 12, 2022
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.

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