Lawrence Larry McCoy
v.
State of Iowa
Appellant
Lawrence Larry McCoy
Appellee
State of Iowa
Attorneys for the Appellant
Heidi Miller (until withdrawal)
Matthew DeJong
Attorney for the Appellee
Linda J. Hines (until withdrawal) and Benjamin Parrott, Assistant Attorneys General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Sandy, J. (5 pages)
Lawrence McCoy argues that the district court erred in granting summary judgment dismissing his postconviction relief application. Specifically, he argues that his claim of actual innocence is not barred by the statute of limitations based upon newly discovered evidence. OPINION HOLDS: Viewing the facts in the light most favorable to McCoy, he has not generated a sufficient question of fact to survive summary dismissal. We affirm.
