· 4/17/2009
Goosman v. State
Citations
- 764 N.W.2d 539
- 2009 Iowa Sup. LEXIS 35
- 2009 WL 1034766
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the “limitation of retroactivity announced in Heemstra to cases on direct appeal where the issue has been preserved did not violate federal due process”
- noting that the ruling in Heemstra was clearly a change in the law and not merely a clarification
- concluding limitation of retroactivity announced in Heemstra did not violate federal due process
- holding federal due process did not require retroactive application of Heemstra
- concluding a postconviction applicant did not raise equal protection or separation of powers arguments in his application for postconviction relief, the 7 district court did not rule on these issues, and as a result, these issues could not “be raised for the first time on appeal”
- noting the Heemstra court stated its holding was only applicable to the present case and those defendants whose direct appeal was pending, and further holding the non-retroactive application of the Heemstra decision did not violate federal due process rights
Source: CourtListener parenthetical corpus (CC0).
Judges: Appel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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