No. 24-6034

David Lee Hering v. Iowa District Court, Muscatine County

Lower Court: Iowa
Docketed: 2024-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-sentencing district-court due-process fifth-amendment fourteenth-amendment legislative-mandate
Latest Conference: 2025-01-10
Question Presented (from Petition)

1. Does the Fifth and Fourteenth Amendments due process of law guarantee apply to the sentencing of a criminal defendant?

2. Where a district court refuses to impose a judgement upon a criminal defendant that comports with the legislatively mandated punishment, required, to be imposed upon them for the crimes they being sentenced for committing. Is it a violation of the Fifth and Fourteenth Amendments due process of law guarantee?

Question Presented (AI Summary)

Does the Fifth and Fourteenth Amendments' due process of law guarantee apply to criminal sentencing when a district court refuses to impose a legislatively mandated punishment?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-12-10
Waiver of right of respondent Iowa District Court, Muscatine County to respond filed.
2024-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2024)

Attorneys

David L. Hering
David Lee Hering — Petitioner
Iowa District Court, Muscatine County
Darrel MullinsIowas Dept. of Justice, Respondent