cognizable claim in Iowa

2016Those arguments are not at issue here.” Dunn, 333 N.W.2d at 833 ; see also McKillip, 191 N.W.2d at 709 (“We express no opinion as to the existence of the fetus as a person in either the philosophical or actual sense.”).

2016Those arguments are not at issue here.” Dunn, 333 N.W.2d at 833 ; see also McKillip, 191 N.W.2d at 709 (“We express no opinion as to the existence of the fetus as a person in either the philosophical or actual sense.”).

2016Gulf R.R., 335 N.W.2d 148, 152 (Iowa 1983); cf. Dunn, 333 N.W.2d at 833 (“[Parents’ loss certainly does not vanish bedause the deprivation occurred prior to birth..- To the deprived parent the loss is real either way.”). *459 We emphasize that in deciding whether O.D.G. has a cognizable claim and whether it was filed within the applicable limitations period, “we can and do set completely aside all the philosophical arguments about the status of the unborn.

2016Those arguments are not at issue here.” Dunn, 333 N.W.2d at 833 ; see also McKillip, 191 N.W.2d at 709 (“We express no opinion as to the existence of the fetus as a person in either the philosophical or actual sense.”).

2022However, the Eighth Amendment prohibition of cruel and unusual punishment can be applied to some deprivations “not specifically part of the sentence but . . . suffered during imprisonment.” Wilson v. Seiter, 501 U.S. 294, 297 (1991).

2019See Mormann v. Iowa Workforce Dev., 913 N.W.2d 554, 566 (Iowa 2018) 10 Because our holding rests on the district court’s misapplication of the law in granting Rod’s motion to dismiss, we need not decide the propriety of hearing expert testimony before deciding whether to dismiss based on the petition’s failure to state a claim upon which any relief may be granted or whether Max preserved error on his objection to that procedure. 11 On appeal Rod does not assert the absence of a genuine issue of material fact. 7 (discussing difference between motion on pleadings and standards for summary judgme

2016Gulf R.R., 335 N.W.2d 148, 152 (Iowa 1983); cf. Dunn, 333 N.W.2d at 833 (“[Parents’ loss certainly does not vanish bedause the deprivation occurred prior to birth..- To the deprived parent the loss is real either way.”). *459 We emphasize that in deciding whether O.D.G. has a cognizable claim and whether it was filed within the applicable limitations period, “we can and do set completely aside all the philosophical arguments about the status of the unborn.

2016If a PCR application fails to raise a cognizable claim, “‘it is wasteful to appoint counsel to determine solely if the applicant has some grounds for relief not stated in his original application.’” Furgison v. State, 217 N.W.2d 613, 615 (Iowa 1974) (citation omitted).