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Case No. 20-0199

Balah H. Rushing
v.
State of Iowa

Appellant

Balah H. Rushing

Appellee

State of Iowa

Attorney for the Appellant

Peter M. Sand

Attorney for the Appellee

Martha E. Trout, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0199
Date Published:
Apr 14, 2021
Summary

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            Balah Rushing appeals the denial of his third application for postconviction relief (PCR).  In all three PCR applications, Rushing sought a remand for resentencing to consider whether imposition of a mandatory minimum sentence was appropriate because of his age at the time of the criminal conduct.  The district court dismissed his third application for PCR on summary judgment finding it was barred by res judicata.  Rushing argues res judicata should not apply because he never had an opportunity “to generate a record and get a hearing on the merits.”  OPINION HOLDS: We agree with the district court; Rushing’s third application for PCR is barred by res judicata because his PCR claims have been raised and rejected in two prior PCR actions.  Thus, we affirm the denial of his third PCR application. 

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