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GOOSMAN v. STATE

No. 07-1416.

764 N.W.2d 539 (2009)

Joel GOOSMAN, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

April 17, 2009.

Attorney(s) appearing for the Case

Martha M. McMinn, Sioux City, and Gary Dickey, Jr. of Dickey & Campbell Law Firm, PLC, Des Moines, for appellant.

Thomas J. Miller, Attorney General, Mary Tabor and Thomas S. Tauber, Assistant Attorneys General, Patrick Jennings, County Attorney, and Mark Campbell, Assistant County Attorney, for appellee.

Edward Bull of Bull Law Office, PC, Des Moines, for amici curiae Robert Henry, Timothy Palmer, and Dennis Gress, Iowa inmates.

APPEL, Justice.

This case presents the issue of whether federal due process requires our decision in State v. Heemstra, 721 N.W.2d 549 (Iowa 2006), be applied retroactively to persons whose direct appeals were final prior to the issuance of the Heemstra decision. We conclude that this constitutional provision does not require that the Heemstra decision be applied in such cases.

I. Factual and Procedural...

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