No. 21-8184

Michael Kelly v. Jeremy Larson, Warden

Lower Court: Eighth Circuit
Docketed: 2022-06-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment 6th-amendment constitutional-rights disproportionate-sentence ex-post-facto ineffective-assistance plea-colloquy postconviction-counsel sentencing-proportionality
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. WHETHER The United States Court of Appeals in The Eighth Circuit ERR IN NOT FINDING THAT KELLY HAD A RIGHT TO HAVE THE EFFECTIVE ASSISTANCE OF POST- CONVICTION COUNSEL DURING KELLYS INITIAL APPEAL IN VIOLATION OF KELLY 'S 5th, 6th, AND 14™ AMENDANTS OF THE UNITED STATES CONSTITUTION?

2. WHETHER The United States Court of Appeals in the Eighth Circuit ERR IN NOT FINDING THAT KELLY 'S MANDATED SENTENCE IS DISPROPORTIONATE TO HIS UNDERLYING OFFENSE OF THIRD DEGREE SEXUAL ABUSE A NONMANDATED SENTENCE?

3. WHETHER The United States Court of Appeals in The Eighth Circuit ERR IN NOT FINDING KELLY 'S PLEA COLLOQUY VIOLATED I.R.C. 2.8 AND 2.8(2)(d)?

4. WHETHER The United States Court of Appeals in The Eighth Circuit ERR IN NOT FINDING THAT KELLY 'S SENTENCE VIOLATES THE EX POST FACTO CLAUSE OF THE UNITED STATES CONSTITUTION AND CONSTITUITON OF IOWA, AS HIS CRIME WAS COMMITTED PRIOR TO THE JULY 1, 2005 ENACTMENT OF CODE OF IOWA 903B.1 STATUTE?

Question Presented (AI Summary)

whether-effective-assistance-of-counsel-was-denied

Docket Entries

2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-18
Waiver of right of respondent Jeremy Larson to respond filed.
2022-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2022)

Attorneys

Jeremy Larson
Samuel Paul LangholzOffice of the Attorney General, Respondent
Michael Kelly
Michael Kelly — Petitioner