No. 21-8077

Duane Yates v. Iowa

Lower Court: Iowa
Docketed: 2022-06-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-review due-process ex-post-facto ex-post-facto-clause governor-executive-order indigent-status iowa-corrections iowa-department-of-corrections restitution sentencing-enhancement sentencing-enhancements
Key Terms:
DueProcess
Latest Conference: 2023-02-17 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Iowa Courts have unlawfully determined the restitution that Duane Yates was ordered to pay under Iowa Code 910 at the time of his conviction and again upon the new Executive Order that was done by the Governor of Iowa's Office in August 2020, which corrected the Iowa Courts and allowed for additional review of the indigent status of Duane Yates at all times in this conviction?

2. Whether the Iowa Courts have wrongfully decided the issue of the Iowa Department of Corrections (IDOC), adding an additional sentencing enhancements to Duane Yates' sentence beyond that imposed by the courts on October 9, 2002 in resentencing on 11/27/12 then again on October 22, 2014 on when he corrected his first illegal sentence which was a violation of the Ex Post Facto Clause under the United States Constitution's Art. 1 § 9, Cl. 3 when the IDOC added additional sentencing enhancements that were not law when Yates was sentenced and the IDOC not being a court of law?

3. Whether the IDOC added an illegal sentence under Iowa Code 905.11 enacted in 2005 by the Iowa Legislation is an illegal sentence under the Ex Post Facto Clause of United States Constitution's Art. 1 § 9, Cl. 3 as this statute of the Iowa Code did not become law until after the original conviction became final in 2002 from a crime that was committed in 2001?

Question Presented (AI Summary)

Whether the Iowa Courts have unlawfully determined the restitution that Duane Yates was ordered to pay

Docket Entries

2023-02-21
Rehearing DENIED.
2023-02-01
DISTRIBUTED for Conference of 2/17/2023.
2022-10-14
Petition for Rehearing filed.
2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-21
Waiver of right of respondent Iowa to respond filed.
2022-06-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2022)

Attorneys

Duane Yates
Duane Yates — Petitioner
Iowa
Samuel Paul LangholzOffice of the Attorney General, Respondent