Legal Opinion

Maghee v. State

Supreme Court of Iowa

Decided October 9, 2009No. 04-1705PublishedCited by 31 opinions

1Opinion of the Court

TERNUS, Chief Justice.

This appeal presents two issues: (1) may an inmate whose work release has been revoked by the department of corrections challenge the revocation in a postcon-viction-relief action, and (2) does the inmate’s death during the pendency of the appeal abate the cause of action or render the appeal moot. The district court dismissed the postconviction-relief action filed by the appellant, Valentino Maghee, ruling he should have challenged the department’s revocation of his work release by a petition for judicial review filed under Iowa Code chapter 17A (2003). Maghee appealed,…

2Cases cited33 opinions

  1. Eichner v. DillonNew York Court of Appeals · 1981
  2. State v. Hernandez-LopezSupreme Court of Iowa · 2002
  3. Lewis v. StateSupreme Court of Iowa · 1977
  4. In re M.B. Mental Hygiene Legal ServiceNew York Court of Appeals · 2006
  5. Wendelin v. RussellSupreme Court of Iowa · 1966

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3Cited by31 opinions

  1. Amended July 30, 2015 Danny Homan, Steven J. Sodders, Jack Hatch, Pat Murphy, and Mark Smith v. Terry Branstad, Governor, State of Iowa, and Charles M. Palmer, Director, Iowa Department of Human ServicesSupreme Court of Iowa · 2015
  2. In the Matter of the Estate of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-AppellantSupreme Court of Iowa · 2011
  3. State v. CarlinAlaska Supreme Court · 2011
  4. Dykstra v. Iowa District Court for Jones CountySupreme Court of Iowa · 2010
  5. Amended July 31, 2015 In RE the Marriage of Susan Michelle Thatcher and Ronald Dean Thatcher Upon the Petition of Susan Michelle Thatcher, Anna Carson as for the Estate of Susan Michelle ThatcherSupreme Court of Iowa · 2015

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