Benjamin G. Trane v. State of Iowa

Summary

The court affirmed the denial of Trane’s ineffective-assistance claim based on counsel’s failure to seek severance because Trane was advised of the option and made an informed decision to avoid delaying trial. The court held that counsel breached an essential duty by failing to object to a child-endangerment marshaling instruction that allowed a nonunanimous verdict as to two victims, but it reversed the order granting a new trial because Trane did not prove a reasonable probability of prejudice. The court concluded that the evidence and defense theory treated both children similarly, making it unlikely that the jury would have found one endangered but not the other.