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Iowa Supreme Court Opinions
Expected to be filed October 13, 2017

Number:

Name:

County:

17–1023

Jones

State v. Iowa Dist. Ct. for Jones Cty.

The State of Iowa’s petition for writ of certiorari and motion for stay were granted after the district court granted in part Marshall Miller’s application for postconviction relief. The district court determined that the 2016 Iowa Department of Corrections policy change that deems a person who fails to complete sexual offender treatment ineligible to accrue any earned time and the retroactive application to Miller were contrary to a previous Iowa Supreme Court decision and violated the Ex Post Facto Clauses of the Iowa and United States Constitutions. The district court ordered the restoration of Miller's earned-time credit. The State argues Miller’s ex post facto claims should be rejected because the policy change was foreseeable and corrects the misapplication of existing law.

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