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Case No. 21-0029

Abigail Lee Carter
v.
State of Iowa

Appellant

Abigail Lee Carter

Appellee

State of Iowa

Attorney for the Appellant

John L. Dirks

Attorney for the Appellee

Timothy M. Hau, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0029
Date Published:
Mar 30, 2022
Summary

            Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

        Abigail Carter appeals the district court’s dismissal of her application for postconviction relief seeking resentencing under her chosen name.  OPINION HOLDS: Because Carter has not established the use of her legal name is objectively harmful enough to establish a constitutional violation or that the Iowa Department of Corrections exhibits deliberate indifference by using it, her claim of cruel and unusual punishment fails, and we affirm the dismissal of her application.

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