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Case No. 18-1850

For summaries from opinions prior to August, 2018, view PDF versions here

Mark Lee Jackson
v.
State of Iowa

Appellant

Mark Lee Jackson

Appellee

State of Iowa

Attorneys for Appellant

Kevin Hobbs

Attorneys for Appellee

Nicholas E. Siefert, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1850
Date Published:
Sep 25, 2019
Summary

            Appeal from the Iowa District Court for Jasper County, Bradley McCall, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Authorities arrested Jackson on an alleged parole violation.  Pending his parole-violation hearing the district court ordered placement at a state prison instead of a county jail.  While held in prison, Jackson allegedly violated prison rules and was disciplined.  Jackson was later found in violation of his parole conditions and was sentenced to state prison.  Jackson filed an application for postconviction relief raising two claims: (1) the state violated his due process rights by improperly transferring him to a state prison and (2) the state imposed improper disciplinary sanctions while he was awaiting his parole-revocation hearing.  OPINION HOLDS: (1) Because Jackson is now sentenced to state prison, the district court’s ruling that he should be in county jail instead of prison is moot.  And because his claim only affected him, it did not qualify under the public-interest exception for this court to exercise its discretion to review the moot action.  (2) Because the proper vehicle to challenge a prison disciplinary sanction is a petition for writ of certiorari and because Jackson provides no valid ground to justify issuance of the writ, we deny review and dismiss the matter.

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