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Case No. 18-1021

Bobby Joe Morris
v.
State of Iowa

Appellant

Bobby Joe Morris

Appellee

State of Iowa

Attorney for the Appellant

Andrew Dunn

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1021
Date Published:
Aug 07, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Gamble, S.J., takes no part.  Opinion by Bower, J.  (7 pages)

            Bobby Joe Morris appeals from the dismissal of his application for postconviction relief (PCR) in which he challenges his 1998 conviction for first-degree murder.  OPINION HOLDS: All of Morris’s claims of ineffective assistance of trial, appellate, and first PCR counsel are time barred.  With respect to his cruel-and-unusual-punishment claim, Morris grounds the claim on due process, arguing, “The due process violation as to Morris results in his cruel and unusual punishment under Article I, section 17 of the Iowa Constitution . . . and the Eighth Amendment.”  We find no error in the PCR court’s rejection of his claim of an illegal sentence. 

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