No. 24-6034

David Lee Hering v. Iowa District Court, Muscatine County

Lower Court: Iowa
Docketed: 2024-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-sentencing district-court due-process fifth-amendment fourteenth-amendment legislative-mandate
Key Terms:
DueProcess
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Does the Fifth and Fourteenth Amendments' due process of law guarantee apply to criminal sentencing when a district court refuses to impose a legislatively mandated punishment?

Question Presented (from Petition)

Questions Presented 1. Does the Fifth and Fourteenth Amendments due process of law guarantee apply to the sentencing of a criminal defendant? 2. Where a district court refuses to impose a judgement upona criminal defendant that comports with the legislatively mandated ; punishment, required, to be imposed upon them for the crimes they are being sentenced for committing. Is it a violation of the Fifth and Fourteenth Amendments due process of law guarantee? i

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-12-10
Waiver of right of respondent Iowa District Court, Muscatine County to respond filed.
2024-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2024)

Attorneys

David L. Hering
David Lee Hering — Petitioner
David Lee Hering — Petitioner
Iowa District Court, Muscatine County
Darrel MullinsIowas Dept. of Justice, Respondent
Darrel MullinsIowas Dept. of Justice, Respondent