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Case No. 18-0885

Khamfeung Thongvanh
v.
State of Iowa

Khamfeung Thongvanh seeks further review after the court of appeals affirmed the denial of his application for postconviction relief finding that State v. Plain, 898 N.W.2d 801, 820 (Iowa 2017), does not apply retroactively. Thongvanh contends the Iowa Constitution provides greater protections for its citizens than the United States Constitution, and thus this court should create its own framework for retroactivity under the Iowa Constitution.

County:
Webster
Trial Court Case No.:
PCCV319836

Applicants

Khamfeung Thongvanh

Resister

State of Iowa

Attorneys for Applicants

Jamie L. Hunter
Andrew J. Smith

Attorneys for Resister

Louis S. Sloven

Supreme Court

Oral Argument Schedule

15-15-5

Dec 18, 2019 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-0885
Date Published:
Jan 24, 2020
Date Amended:
Mar 31, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0885
Date Published:
Mar 06, 2019
Summary

            Appeal from the Iowa District Court for Webster County, Adria A.D. Kester, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Tabor and McDonald, JJ.  Opinion by McDonald, J.  (7 pages)

            Khamfeung Thongvanh appeals the denial of his application for post-conviction relief.  OPINION HOLDS: Thongvanh’s application is not time-barred, however, the district court was correct in denying Thongvanh’s application because State v. Plain does not apply retroactively.

Date Amended:
Mar 06, 2019

View archived opinions from prior to November 2017

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