TELL IOWA COURTS TO STOP DISOBEYING CONTROLLING CASELAWS ANNOUNCED BY THE UNITED STATE SUPREME COURT


TELL IOWA COURTS TO STOP DISOBEYING CONTROLLING CASELAWS ANNOUNCED BY THE UNITED STATE SUPREME COURT
The Issue
Clifford Gooden cannot receive justice in the Iowa state courts concerning his unlawful felony conviction. He was wrongfully convicted for 2nd degree Robbery in Scott County District Court in Davenport, Iowa. However, such felony conviction should not even exist on Mr. Gooden's criminal record at all because the crime of Robbery, for which he was wrongfully convicted of, does not exist!!! This allegation of fact was presented in an untimely Post conviction Relief Application which he filed pro se in Scott County District Court on June 25, 2008. He was incarcerated at Fort Madison State Penitentiary at the time when he filed said PCR application.
While his petition was still pending in the district court, he later discharged his prison sentence concerning that unlawful felony conviction on October 4, 2008; four months after he filed said PCR application in Scott County District Court. He filed the PCR application under the exception to the 3 year statute of limitation under Iowa Code Section 822.3. That particular Iowa Code allows a defendant to bring a post conviction application to an Iowa district court beyond the 3 year statute of limitation when a ground of law or fact could not have been raised within the applicable time period. In Mr. Gooden's case, his court appointed appeal lawyer, Penelope Souhrada, intentionally lied to him 10 years ago about the merit of his unlawful felony conviction claim. She ultimately refused to raise that meritorious claim in her appeal brief for review to the Iowa Supreme Court at Mr. Gooden's Request. This interfered with Mr. Gooden's ability to bring that wrongful conviction claim to the Scott County District Court in a timely filed PCR application within the applicable 3 year limitation because he was lied to by his own lawyer on direct appeal as to the merit of that claim.
However, jurisdiction for the Scott County District Court to hear and adjudicate the merit of Mr. Gooden's unlawful felony conviction claim demonstrated in his PCR application is interpreted by the United State Supreme Court in Carafas v. Lavallee, 391 U.S. 234 (1968). That particular caselaw states, in part, that " since collateral consequences are presumed to stem from a current unlawful conviction, even after discharge from its sentence, then the case is not moot." That same legal principle was later adopted by the Eighth Circuit Court of Appeals in Leonard v. Nix, 55 F.3d 370,373 (8th Cir. 1995). In fact, the state of Iowa is located in the Eighth Circuit and is, therefore, bound by relevant caselaws adopted by that circuit court from the United State Supreme Court.
Mr. Gooden's claim is not moot since collateral consequences do stem from his unlawful or illegal felony conviction in question. For example, it is interfering with his ability to get a job because he have to admit to the bogus 2nd degree Robbery conviction in a job application. Also, landlords are refusing to rent an apartment to Mr. Gooden because each background check reveals the unlawful felony conviction. These collateral consequences satisfy the requirements set forth by the United State Supreme Court to avoid mootness. However,
in Mr. Gooden's PCR application he complained that he was wrongfully convicted as a result of the Prosecutor, Kelly Cunningham, knowingly relying upon false-facts of a Robbery that did not exist. This bogus fact was setforth in the prosecutor's trial information used to bring criminal charges against him. And Mr. Gooden's court-appointed trial Lawyer, David Treimer, never objected to the prosecutor's ETHICAL MISCONDUCT of knowingly relying upon false information before or during trial. Therefore, he was denied his constitutional right to, both, effective assistance of trial counsel and right to a fair trial in violation of the 6th Amendment to the United States Constitution.
To prolong the injustice, on February 11,2009, Scott County District Judge, John Nahra, incorrectly dismissed the PCR application in a written Ruling claiming the issues were time-barred. This was a misuse of the court's INHERENT POWER. The U.S. Supreme Court makes clear that a statute of limitation do not apply to a defendant's ability to bring an unlawful conviction claim to an inferior District Court to be determined on its merit. Furthermore, on appeal from the dismissal of the PCR application, Judge L.J. Larson bogusly dismissed the appeal in a written ORDER claiming the issues were frivolous. And when Mr. Gooden applied for Discretionary Review to the Iowa Supreme Court relying upon Carafas v. Lavallee, 391 U.S. 234 (1968), Judge Daryl L. Hecht exceeded his authority and, out of complete disregard for justice, procedurally barred Mr. Gooden's unlawful felony conviction claim from ever being litigated again in any future proceedings. In an ORDER issued by that Judge on April 13, 2010, he stated in part: "The appeal is final and no further filings shall be considered in this matter". That particular ruling represents a usurpation of power not granted to that court by law!!!

The Issue
Clifford Gooden cannot receive justice in the Iowa state courts concerning his unlawful felony conviction. He was wrongfully convicted for 2nd degree Robbery in Scott County District Court in Davenport, Iowa. However, such felony conviction should not even exist on Mr. Gooden's criminal record at all because the crime of Robbery, for which he was wrongfully convicted of, does not exist!!! This allegation of fact was presented in an untimely Post conviction Relief Application which he filed pro se in Scott County District Court on June 25, 2008. He was incarcerated at Fort Madison State Penitentiary at the time when he filed said PCR application.
While his petition was still pending in the district court, he later discharged his prison sentence concerning that unlawful felony conviction on October 4, 2008; four months after he filed said PCR application in Scott County District Court. He filed the PCR application under the exception to the 3 year statute of limitation under Iowa Code Section 822.3. That particular Iowa Code allows a defendant to bring a post conviction application to an Iowa district court beyond the 3 year statute of limitation when a ground of law or fact could not have been raised within the applicable time period. In Mr. Gooden's case, his court appointed appeal lawyer, Penelope Souhrada, intentionally lied to him 10 years ago about the merit of his unlawful felony conviction claim. She ultimately refused to raise that meritorious claim in her appeal brief for review to the Iowa Supreme Court at Mr. Gooden's Request. This interfered with Mr. Gooden's ability to bring that wrongful conviction claim to the Scott County District Court in a timely filed PCR application within the applicable 3 year limitation because he was lied to by his own lawyer on direct appeal as to the merit of that claim.
However, jurisdiction for the Scott County District Court to hear and adjudicate the merit of Mr. Gooden's unlawful felony conviction claim demonstrated in his PCR application is interpreted by the United State Supreme Court in Carafas v. Lavallee, 391 U.S. 234 (1968). That particular caselaw states, in part, that " since collateral consequences are presumed to stem from a current unlawful conviction, even after discharge from its sentence, then the case is not moot." That same legal principle was later adopted by the Eighth Circuit Court of Appeals in Leonard v. Nix, 55 F.3d 370,373 (8th Cir. 1995). In fact, the state of Iowa is located in the Eighth Circuit and is, therefore, bound by relevant caselaws adopted by that circuit court from the United State Supreme Court.
Mr. Gooden's claim is not moot since collateral consequences do stem from his unlawful or illegal felony conviction in question. For example, it is interfering with his ability to get a job because he have to admit to the bogus 2nd degree Robbery conviction in a job application. Also, landlords are refusing to rent an apartment to Mr. Gooden because each background check reveals the unlawful felony conviction. These collateral consequences satisfy the requirements set forth by the United State Supreme Court to avoid mootness. However,
in Mr. Gooden's PCR application he complained that he was wrongfully convicted as a result of the Prosecutor, Kelly Cunningham, knowingly relying upon false-facts of a Robbery that did not exist. This bogus fact was setforth in the prosecutor's trial information used to bring criminal charges against him. And Mr. Gooden's court-appointed trial Lawyer, David Treimer, never objected to the prosecutor's ETHICAL MISCONDUCT of knowingly relying upon false information before or during trial. Therefore, he was denied his constitutional right to, both, effective assistance of trial counsel and right to a fair trial in violation of the 6th Amendment to the United States Constitution.
To prolong the injustice, on February 11,2009, Scott County District Judge, John Nahra, incorrectly dismissed the PCR application in a written Ruling claiming the issues were time-barred. This was a misuse of the court's INHERENT POWER. The U.S. Supreme Court makes clear that a statute of limitation do not apply to a defendant's ability to bring an unlawful conviction claim to an inferior District Court to be determined on its merit. Furthermore, on appeal from the dismissal of the PCR application, Judge L.J. Larson bogusly dismissed the appeal in a written ORDER claiming the issues were frivolous. And when Mr. Gooden applied for Discretionary Review to the Iowa Supreme Court relying upon Carafas v. Lavallee, 391 U.S. 234 (1968), Judge Daryl L. Hecht exceeded his authority and, out of complete disregard for justice, procedurally barred Mr. Gooden's unlawful felony conviction claim from ever being litigated again in any future proceedings. In an ORDER issued by that Judge on April 13, 2010, he stated in part: "The appeal is final and no further filings shall be considered in this matter". That particular ruling represents a usurpation of power not granted to that court by law!!!

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Petition created on December 28, 2010