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Case No. 18-1704

Odell Everett Jr.
v.
State of Iowa

Appellant

Odell Everett Jr.

Appellee

State of Iowa

Attorney for the Appellant

Fred Stiefel

Attorney for the Appellee

Kevin Cmelik, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1704
Date Published:
Nov 06, 2019
Summary

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and May and Greer, JJ.  Opinion by Potterfield, P.J.  (3 pages)

            Odell Everett Jr. appeals from the summary dismissal of his third application for postconviction relief in which he challenges his 2005 conviction for first-degree robbery.  OPINION HOLDS: We agree with the district court’s conclusions that Everett’s reliance on Schmidt v. State, 909 N.W.2d 778 (Iowa 2018), was “misplaced because there is no allegation of newly discovered evidence upon which any claim of actual innocence could be made,” and that Everett’s “claims have been fully adjudicated and are time barred.”  We find no error and therefore affirm.

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