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Case No. 20-0908

Joshua McDonald
v.
State of Iowa

Appellant

Joshua McDonald

Appellee

State of Iowa

Attorney for the Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Attorney for the Appellee

Martha E. Trout, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0908
Date Published:
Feb 16, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (8 pages)

            Joshua McDonald appeals from the dismissal of his application for postconviction relief (PCR).  Despite the fact he was not convicted, but instead held in contempt, McDonald argues that he is entitled to PCR.  Alternatively, he argues the case should have proceeded as a habeas corpus claim.  OPINION HOLDS:  Because McDonald was not convicted of a public offense, PCR is not available to him.  We affirm the dismissal and remand to address the motions still pending in his contempt case. 

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