Jones v. State
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The Supreme Court affirmed the decision of the postconviction relief (PCR) court dismissing Appellant's fourth PCR application, holding that under this Court's holding today in Thongvanh v. State, __ N.W.2d __ (Iowa 2020), Defendant's claims based on State v. Plain, 898 N.W.2d 801 (Iowa 2017), failed because Plain is not retroactive.
In his PCR application Appellant alleged violations of his rights to equal protection and due process and his right to an impartial jury drawn from a fair cross section of the community. Appellant based his claims on Plain. The trial court granted the State's motion to dismiss, concluding that Plain does not apply retroactively. The Supreme Court affirmed, holding (1) the trial court improperly dismissed Appellant's application based upon a ground neither party raised; and (2) because the new law of criminal procedure announced in Plain does not apply retroactively to cases on collateral review Appellant's PCR application was properly dismissed.
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