Franklin Harris
v.
State of Iowa
Appellant
Franklin Harris
Appellee
State of Iowa
Attorney for the Appellant
Jacob Mason
Attorney for the Appellee
Sharon K. Hall, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ. Opinion by Potterfield, J. (10 pages)
Franklin Harris appeals the summary disposition of his actual innocence claim asserted in his third application for postconviction relief. Harris argues the district court erred because there are genuine issues of material in fact that preclude the summary dismissal of his claim. OPINION HOLDS: We find the district court carefully reviewed the record under the standards for summary disposition and correctly concluded summary disposition was proper. We further find Harris has not met his burden to prove actual innocence by clear and convincing evidence. We affirm the summary dismissal of Harris’s actual innocence claim.