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 partMansfield, Justice

I join in the court’s opinion to the extent it affirms the defendant’s convictions. I respectfully dissent as to the reversal of the defendant’s sentence.

To begin with, I believe the sentencing proceeding in this case complied with Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). The relevant factors relating to Null’s youth were brought to light and considered. Yet even if one were to conclude the sentencing didn’t comply with Miller, the remedy would be straightforward: a remand for the district court to apply Miller.

Unfortunately, the majority opinion goes well beyond…

2Cases cited29 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. State v. BrueggerSupreme Court of Iowa · 2009
  3. Andrew Conley v. State of IndianaIndiana Supreme Court · 2012
  4. People v. CaballeroCalifornia Supreme Court · 2012
  5. State of Iowa v. Randall Lee PalsSupreme Court of Iowa · 2011

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