Man charged with second-degree sexual abuse of Siouxland boy
Case Number: 16-2074
Judge: Darrell Goodhue
Court: COURT OF APPEALS OF IOWA
Plaintiff's Attorney: Thomas J. Miller
Timothy M. Hau
Assistant Attorney General
Defendant's Attorney: Mark C. Smith
State Appellate Defender
Shellie L. Knipfer
Assistant Appellate Defender
Description: Joshua Kobold was convicted of sexual abuse in the second degree after a
jury trial and sentenced to twenty-five years in prison with a seventy-percent
mandatory minimum. Kobold appeals.
Kobold has based his entire appeal on two claims of ineffective assistance
of counsel and has not raised any other issues. Ordinarily, we prefer to preserve
claims of ineffective assistance of counsel in order to develop a record, but when
the record is adequate, the claims may be determined on a direct appeal. State v.
Null, 836 N.W.2d 41, 48 (Iowa 2013).
The State, after citing Null, has asserted it believes the record is insufficient
to resolve the claims of ineffective assistance of counsel that Kobold has made on
this direct appeal. The State asserts counsel may have had tactical reasons for
not putting forth the claims Kobold asserts constituted ineffective assistance of
counsel. “Even a lawyer is entitled to his day in court.” State v. Coil, 264 N.W.2d
293, 296 (Iowa 1978).
Outcome: The claims of ineffective assistance are reserved for a possible
postconviction relief action. No other issues have been raised in this direct appeal.