Case No. 21-1391

Euric Abray Fountain
v.
State of Iowa

Applicant

Euric Abray Fountain

Respondent

State of Iowa

Attorney for the Applicant

Erica A. Nichols Cook

Attorney for the Respondent

Martha E. Trout, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Summary

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Bower, C.J., Badding, J., and Potterfield, S.J.   Opinion by Badding, J.  (24 pages)

            Euric Fountain appeals the district court’s grant of the State’s motion for summary disposition on his application for postconviction relief.  He argues the court applied the wrong legal standard in determining whether his application was exempted from the statute of limitations.  He also argues summary disposition was improper because genuine issues of material fact remain and preclude the State’s entitlement to judgment as a matter of law.  Lastly, he argues the court “failed to analyze the effect of the new evidence on the evidence at trial,” which seems to be a claim that the new evidence probably would have changed the result of the trial.  OPINION HOLDS: We affirm the entry of summary disposition and conclude, based on the undisputed facts, that Fountain cannot show the recantation evidence is material and probably would have changed the outcome of the criminal trial as required for a newly-discovered-evidence claim under Iowa Code section 822.2(1)(d) (2017).