No. 18-9580

Bobby Ray Devers v. Iowa

Lower Court: Iowa
Docketed: 2019-06-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment constitutional-rights due-process exculpatory-evidence ineffective-assistance-of-counsel newly-discovered-evidence post-conviction post-conviction-procedure post-conviction-relief pro-se-claims procedural-due-process state-public-defender-system statutory-rights summary-judgment uniform-procedure
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether the Fifth and Fourteenth Amendment rights to due process are violated by the denial of participation in the statutory right to a uniform post conviction procedure?

Whether the Iowa State Public Defender System Violates Due Process?

The District Court erred in dismissing Devers' Post Conviction Relief action by summary judgement based on grounds that there was not newly discovered evidence.

The District Court erred in dismissing Devers' Post Conviction Relief action based on ground that there was not newly discovered evidence.

Whether Bobby Ray II Devers' due process rights were violated by ineffective assistance of trial, Appellate and Post Conviction Relief counsel as well as the actions of the Appellate Court.

Whether it was error for the Post Conviction Relief Jude to refuse to allow Bobby Ray Devers the opportunity to participate in the proceeding or make other Pro-Se claims.

Whether Bobby Ray is stating that I was never afforded the opportunity to see this document that included exculpatory evidence prior to his trial. This make this document newly discovered evidence.

Question Presented (AI Summary)

Whether the Fifth and Fourteenth Amendment rights to due process are violated by the denial of participation in the statutory right to a uniform post conviction procedure?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-03
Waiver of right of respondent State of Iowa to respond filed.
2019-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)

Attorneys

Bobby R. Devers
Bobby Ray Devers — Petitioner
State of Iowa
Kevin CmelikIowa Department of Justice, Respondent