STATE v. NAIL

No. 06-0410.

743 N.W.2d 535 (2007)

STATE of Iowa, Appellant, v. Dawn Marie NAIL and Joshua Kucera, Appellees.

Supreme Court of Iowa.

December 28, 2007.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Kristin Guddall and Darrel L. Mullins, Assistant Attorneys General, J. Patrick White, County Attorney, and Iris Frost, Assistant County Attorney, for appellant.

John B. Whiston, Iowa City, and Rachel C.B. Antonuccio and Mary T. Northrup, Student Legal Interns, for appellees.


APPEL, Justice.

In this case, the court is called upon to determine whether Iowa Code section 907.14(1) (2005), which provides for a civil money penalty as a result of a deferred judgment, is constitutional. The defendants argue that the statute is unconstitutionally vague because it does not expressly contain a limit on the amount of penalty assessed. They further allege that the provision violates due process of law by imposing punishment prior to an adjudication...

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