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.
Applicant
Khamfeung Thongvanh
Resister
State of Iowa
Attorneys for the Applicant
Jamie L. Hunter
Andrew J. Smith
Attorney for the Resister
Louis S. Sloven
Supreme Court
Oral Argument Schedule
15-15-5
Dec 18, 2019 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.