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Jackson v. State

Court of Appeals of Iowa

September 25, 2019

MARK LEE JACKSON, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Jasper County, Bradley McCall, Judge.

         Mark Lee Jackson appeals the dismissal of his application for postconviction relief.

          Kevin Hobbs, West Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Nicholas E. Siefert, Assistant Attorney General, for appellee State.

          Considered by Tabor, P.J., and Mullins and May, JJ.

          TABOR, PRESIDING JUDGE.

         After he was arrested for a parole violation, Mark Lee Jackson filed an application for postconviction relief raising two claims:

(1) the State improperly placed him at the Newton Correctional Facility while he was awaiting his parole-revocation hearing, and
(2) the State imposed improper disciplinary sanctions during that time.

         We cannot reach the merits of either issue. As the district court decided, the first claim is moot, and Jackson does not show the issue is one of broad public importance likely to recur. The second claim does not warrant granting a petition for writ of certiorari. Because we have nothing to review, we dismiss his appeal.

         I. Facts, Prior Proceedings, and Supreme Court Orders

         Jackson was arrested in August 2017 on an alleged violation of parole conditions. At the time of his arrest, the district court ordered Jackson to be held by the Polk County Sheriff with placement at the Newton Correctional Facility (Newton) rather than the county jail. While held at Newton, Jackson allegedly disobeyed prison rules. After several disciplinary hearings, Jackson received thirty days of disciplinary detention, loss of phone privileges for one hundred and eighty days, and a three-day loss of evening recreation periods.

         In January 2018, Jackson filed a self-represented application for postconviction relief alleging (1) deprivation of his due process rights while he was placed at Newton awaiting his hearing, and (2) the illegal discipline taken against him while he was in custody there. In May 2018, before the district court ruled on Jackson's application, an administrative law judge with the Iowa Board of Parole decided he violated the terms of his parole, revoked his parole status, and transferred his custody to the director of the Iowa Department of Corrections.

         Then, in October 2018, the district court dismissed Jackson's application for postconviction relief. The court ruled: "Because Jackson has now been remanded to the custody of the Department of Corrections, the issues related to his pre-parole hearing detention are academic and moot." The court also decided the disciplinary action taken against Jackson did not amount to a deprivation of a ...


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