Euric Abray Fountain
v.
State of Iowa
Appellant
Euric Abray Fountain
Appellee
State of Iowa
Attorney for the Appellant
R. Ben Stone
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
