No. 23-7715

Noel Bender v. Iowa Department of Corrections, et al.

Lower Court: Eighth Circuit
Docketed: 2024-06-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-procedure criminal-statute domestic-violence due-process evidence federal-law firearm-possession gun-rights restraining-order standard-of-proof statutory-interpretation
Key Terms:
Securities
Latest Conference: 2024-11-22 (distributed 2 times)
Question Presented (AI Summary)

Whether Substubal Evidence Supports the District Court's Holding beyond a reasonable doubt that Noel Berd and Boyle Banks were Cohabiting at the time Berd assaulted the victim under Iowa Code Sections 708.2A(4) and 708.2, such that the assault is a Domestic Abuse Assault, when the Defendant was merely staying with the victim after he had discharged from a residential treatment facility

Question Presented (OCR Extract)

QUESTION(S) PRESENTED @ ; Whether Substubal Evidence Supports the. DistrKet Courts Hrding beyond a teasenabhe daubt frat Noel Berd and bayle banks were Cbobl hing af the time Bercter asseultrd the vith lrder lowa Code Seetion "708,2A(+4) and 702.8 Such that he eam mnty!s Q whuhnoy bung Household Member ‘and the assault ts a Domestic Abuse Assault, when the Defendant ‘s Wipealy Merely staying wif tbe vichin abler he has gheceundd from a residential truatwent faciiy, )

Docket Entries

2024-11-25
Rehearing DENIED.
2024-11-06
DISTRIBUTED for Conference of 11/22/2024.
2024-10-14
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-07-18
DISTRIBUTED for Conference of 9/30/2024.
2024-07-10
Waiver of Iowa Department of Corrections, et al. of right to respond submitted.
2024-07-10
Waiver of right of respondent Iowa Department of Corrections, et al. to respond filed.
2024-05-15
Application (23A1014) granted by Justice Kavanaugh extending the time to file until July 19, 2024.
2024-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2024)
2024-05-02
Application (23A1014) to extend the time to file a petition for a writ of certiorari from May 20, 2024 to July 19, 2024, submitted to Justice Kavanaugh.

Attorneys

Iowa Department of Corrections, et al.
Darrel MullinsIowas Dept. of Justice, Respondent
Darrel MullinsIowas Dept. of Justice, Respondent
Noel Jermaine Bender
Noel Bender — Petitioner
Noel Bender — Petitioner