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Case No. 17-1789

Eric Christopher Miller
State of Iowa


Eric Christopher Miller


State of Iowa

Attorney for the Appellant

Eric C. Miller, pro se

Attorney for the Appellee

Tyler J. Buller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 15, 2019

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Eric Miller appeals the dismissal of his application for postconviction relief.  He asserts he has raised a proper gateway claim of actual innocence to survive summary judgment.  OPINION HOLDS: Iowa does not recognize a gateway claim of actual innocence.  Even if we were to recognize a gateway claim, Miller has not shown a constitutional error at trial that is supported with new reliable evidence to establish, more likely than not, no reasonable juror would have convicted him. 

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