No. 21-6553
Response WaivedIFP
Tags: appellate-procedure civil-procedure due-process heemstra legal-retroactivity pending-appeals retroactive-application retroactive-availability statute-of-limitations supreme-court-precedent
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2022-01-14
Question Presented (AI Summary)
Do the federal Supreme Court cases require Iowa law to apply full retroactive availability to pending appeals?
Question Presented (from Petition)
QUESTIONS PRESENTED ; 1) Do the federal Supreme Court cases issued subsequent to the Iowa cases determining the retroactive availability to Heemstra require the Iowa law to apply a full retroactive availability to those appeals still pending? ; 2) Do the federal Supreme Court cases issued subsequent to the Iowa cases determining whether the Heemstra relief “could have been raised” require Iowa law to deny statute of limitation defenses to those appeals still pending?
Docket Entries
2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-12-22
Waiver of right of respondent State of Iowa to respond filed.
2021-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2022)
Attorneys
State of Iowa
Kevin Cmelik — Iowa Department of Justice, Respondent
Kevin Cmelik — Iowa Department of Justice, Respondent