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Case No. 18-1824

Benjamin E. Schreiber
State of Iowa


Benjamin E. Schreiber


State of Iowa

Attorney for the Appellant

Denise M. Gonyea

Attorney for the Appellee

Kyle Hanson, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 06, 2019

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Potterfield and Greer, JJ.  Opinion by Potterfield, J.  (8 pages)

            Benjamin Schreiber seeks to resurrect his third postconviction-relief application (PCR) after the district court granted the State’s motion to dismiss.  Schreiber was convicted of murder in the first degree in violation of Iowa Code sections 707.1 and 707.2 (1996).  On appeal, he alleges the district court made several errors in the course of handling his PCR application, including (1) denying him a meaningful opportunity to respond by failing to provide him adequate notice of the hearing on the State’s motion to dismiss, failing to record the proceedings, and dismissing his application without an evidentiary hearing; (2) requiring him to pay 20% of the filing fee for the PCR application; and (3) denying his application for court-appointed counsel.  OPINION HOLDS: Schreiber was given an opportunity to be heard, and the district court did not err by not recording the proceedings and granting the State’s motion to dismiss his application.  The district court did not err by requiring him to pay 20% of the filing fee or by denying his application for court appointed counsel.  We affirm.

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