· 2/15/1984
State v. Spieker
Citations
- 343 N.W.2d 841
- 1984 Iowa Sup. LEXIS 1038
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that pro se motions should be liberally construed
- finding the substance of pro se pleading to be a motion to correct illegal sentence when appellant stated he could raise an illegal sentence argument at any time
- “Liberal rules of construction cannot transform the reality of a pleadings content or the arguments being advanced, even when a litigant is pro se.”
- \Whether the district court correctly construed a pro se pleading is a question of law subject to unlimited review.\
- felony-murder lesser included offense jury instruction claim cannot be raised in motion to correct an illegal sentence because claim challenges conviction, not sentence
- court that had jurisdiction over original, direct appeal has appellate jurisdiction over a subsequent motion to correct an illegal sentence
Source: CourtListener parenthetical corpus (CC0).
Judges: Carter, Harris, Larson, McGiverin, Schultz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.