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Case No. 17-2024

Euric Abray Fountain
v.
State of Iowa

Appellant

Euric Abray Fountain

Appellee

State of Iowa

Attorneys for Appellant

R. Ben Stone

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-2024
Date Published:
Oct 23, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., Mullins, J., and Vogel, S.J.  Opinion by Mullins, J.  (9 pages)

            Euric Fountain appeals the summary disposition of his seventh application for postconviction relief.  OPINION HOLDS:  We affirm the district court’s finding that information received by Fountain more than two decades ago does not amount to newly discovered evidence sufficient to toll the statute of limitations contained in Iowa Code section 822.3 (2017).  We find the court erred in its analysis concerning other purported newly discovered evidence, and we remand to the district court on that ground. 

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