Belk v. State
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The Supreme Court reversed the judgment of the district court dismissing Appellant’s amended application for postconviction relief.
In his application for postconviction relief, Appellant alleged that, pursuant to Iowa Code 822.2(1)(a), his sentence violated several of his civil rights under the United States and Iowa Constitutions. Specifically, Appellant asserted that the Iowa Department of Corrections (IDOC) violated his liberty interest in obtaining parole by failing to provide the sex offender treatment program (SOTP) in a timely manner. The district court found, as a matter of law, that Appellant had not stated a claim for postconviction relief under section 822.2(1)(a). The Supreme Court remanded the case, holding that Appellant should be given an opportunity to amend his application to seek relief under Iowa Code 822.2(1)(e).
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