Eric Christopher Miller
v.
State of Iowa
Appellant
Eric Christopher Miller
Appellee
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:
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.