Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1789

Eric Christopher Miller
v.
State of Iowa

Appellant

Eric Christopher Miller

Appellee

State of Iowa

Attorneys for Appellant

Eric C. Miller, pro se

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1789
Date Published:
May 15, 2019
Summary

            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. 

© 2021 Iowa Judicial Branch. All Rights Reserved.