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CARTER, Justice (dissenting).
The case should not turn on an extensive demonstration that Cooley was told he would run a terrible risk if he proceeded without counsel. He had counsel. To be sure, the court was told of Cooley’s intention of putting his attorney in a standby role. But judges should not be required to advise criminal defendants on trial strategy because such a requirement would arm them to manipulate the criminal justice system. See State v. Glanton, 231 N.W.2d 31, 35-36 (Iowa 1975) (judge should not contribute to advocate’s role in trial process). Defendant should not be able to obtain relief because his decision proved to be a mistake.
I would affirm.
McGIVERIN, C.J., and LARSON, J., join this dissent.
Document Info
Docket Number: 98-802
Citation Numbers: 608 N.W.2d 9
Judges: Carter, Larson, McGIVERIN, Snell
Filed Date: 3/22/2000
Precedential Status: Precedential
Modified Date: 8/24/2023