Duane Yates v. Iowa
DueProcess Privacy
Whether the Iowa Supreme Court has failed to properly apply the Iowa Rules of Civil Procedure
QUESTION(S) PRESENTED 1. Whether the lowa Supreme Court has failed to properly apply the lowa Rules of Civil Procedure through the Fourteenth Amendment on Due Process of Law as it applies to state citizens when it denied Duane Yates to have his postconviction action heard after an unlawful dismissal was done by the district ‘ court in violation of lowa Rule of Civil Procedure 1.944 and it’s subsection which applies the Rule 1.442? 2. Whether the lowa District Court erred in dismissing a civil postconviction action when the clerk of court used a computer generated dismissal notice with no service upon the parties of record as required by lowa Rule of Civil Procedure 1.442(2) and the United States Supreme Court precedent in Mullane v. Central Hanover Bank & Trust 339 U.S. 306, 70 S.Ct. 652 (1950)to dismiss the case when the computer generated notice and the entire docket schedule for the case does not show any service upon the parties? 3. Whether the Woodbury County Clerk of Court failed to perfect service when the clerk failed to follow lowa Rule of Civil Procedure 1.442(7) by not affixing a certificate of service and then allowing the case to be dismissed as there was no notice of service had upon the parties of record? 1