Ed S. Nassif v. State of Iowa
Ed S. Nassif v. State of Iowa
Opinion
Ed Nassif was convicted of first-degree murder and was sentenced to life in prison without the possibility of parole. At the time of the offense in September 1990, Nassif was twenty-one years old. In June 2014, Nassif filed a pro-se application for postconviction relief claiming his sentence amounts to cruel and unusual punishment because "the brain is not fully developed until the age of 25." Following a hearing, the district court denied Nassif's application.
Nassif appeals. He contends his sentence of life in prison without the possibility of parole amounts to cruel and unusual punishment and violates his constitutional right to equal protection of the laws. Nassif takes the position that the separate sentencing scheme for juvenile offenders created by our supreme court in recent years 1 should be extended to young adult offenders because the brain does not fully mature until around the age of twenty-five years. Our review is de novo. See Zarate , 908 N.W.2d at 840.
As to Nassif's cruel-and-unusual-punishment argument, the supreme court has made clear that its sentencing scheme for juvenile offenders has "no application to sentencing laws affecting adult offenders."
Lyle
, 854 N.W.2d at 403. "[T]he line between being a juvenile and an adult was drawn for cruel and unusual punishment purposes at eighteen years of age."
Seats
, 865 N.W.2d at 556 (discussing
Roper v. Simmons
,
Nassif additionally argues his sentence violates his constitutional right to equal protection of the laws, asserting juvenile offenders and young adult offenders both have adolescent brains and are therefore similarly situated, but are treated differently under current law. We agree with the State that Nassif failed to preserve error on this argument, as it was not raised in the district court.
See
Meier v. Senecaut
,
We affirm the denial of Nassif's postconviction-relief application.
AFFIRMED.
See generally
State v. Harrison
, --- N.W.2d ----, 2018 WL ---- (Iowa 2018) ;
In re T.H.
, --- N.W.2d ----,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.