Legal Opinion · Concurring in part, dissenting in part

State of Iowa v. Denem Anthony Null

Supreme Court of Iowa

Decided August 16, 2013No. 11–1080Published

1Concurring in part, dissenting in partZager, Justice

I concur in the majority opinion which affirmed Null’s convictions and the rulings on the claims of ineffective assistance of counsel. I respectfully dissent as to the reversal of the defendant’s sentence.

Both the majority opinion and Justice Mansfield’s opinion provide the factual background which leads us here, so I will not recite these facts again as part of this opinion. Because Null was sentenced before Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), we must answer the threshold question of whether Miller applies to the term-of-years sentence imposed by the…

2Cases cited24 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Roper v. SimmonsSupreme Court of the United States · 2005
  3. Graham v. FloridaSupreme Court of the United States · 2010
  4. State v. FormaroSupreme Court of Iowa · 2002
  5. People v. CaballeroCalifornia Supreme Court · 2012

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