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Case No. 17-1919

Lawrence Larry McCoy
State of Iowa


Lawrence Larry McCoy


State of Iowa

Attorney for the Appellant

Thomas Hurd

Attorney for the Appellee

Linda J. Hines, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 17, 2020

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle and May, JJ.  Opinion by May, J.  Special Concurrence by Vaitheswaran, P.J.  (7 pages)

            Lawrence McCoy appeals the summary disposition of his second application for postconviction relief.  OPINION HOLDS: Iowa Code sections 822.3 and 822.8 (2010) required dismissal.  And no fact question precluded summary disposition.  SPECIAL CONCURRENCE ASSERTS: I would affirm the summary dismissal of McCoy’s postconviction-relief application, but I would find it unnecessary to address section 822.8, which presumes a timely filed application. 

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