Don’t Plead History and Bruen in Cruel and Unusual Punishment Challenge to Long Prison Sentence for Rape, When Rape Was Historically a Capital Crime
From yesterday’s decision of the Iowa court of Appeals in Cue v. State, written by Judge Tyler Buller and joined by Judges Julie Schumacher and John Sandy:
Cue’s … application for postconviction relief … cited New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), to claim that Iowa’s mandatory-minimum-sentencing scheme for certain class “B” felonies (seemingly as applied and on its face) was incompatible with our historical traditions and therefore cruel and unusual punishment. The district court denied relief, finding Cue cited “absolutely no authority to support his proposition that the Bruen test should be profoundly expanded to include sentencing schemes for sex offense
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