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Case No. 19-1179

Michael B. Weatherspoon
v.
State of Iowa

Appellant

Michael B. Weatherspoon

Appellee

State of Iowa

Attorney for the Appellant

Shawn Smith

Attorney for the Appellee

Kyle Hanson, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1179
Date Published:
Apr 29, 2020
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Michael Weatherspoon appeals from the summary dismissal of his fifth postconviction-relief application, arguing “the district court committed an error of law” in summarily ruling that State v. Plain, 898 N.W.2d 801, 829 (Iowa 2017), did not apply retroactively.  OPINION HOLDS: The postconviction court did not err in summarily dismissing Weatherspoon’s postconviction-relief application.

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