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Case No. 16-1328

For summaries from opinions prior to August, 2018, view PDF versions here

Duane Yates
v.
State of Iowa

Appellants

Duane Yates

Appellee

State of Iowa

Attorneys for Appellants

Jacob Mason
Duane Yates, pro se

Attorneys for Appellee

Linda J. Hines, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
16-1328
Date Published:
Aug 01, 2018
Summary

Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (4 pages)

Duane Yates appeals the district court order dismissing his motion to reopen a postconviction-relief (PCR) action that was dismissed ten years earlier due to his counsel’s failure to prosecute the matter.  OPINION HOLDS: Following the dismissal of his first PCR action, Yates had the opportunity to have his claims heard and decided on the merits.  He cannot relitigate those claims.  Accordingly, we affirm the denial of Yates’s motion to reopen the first PCR proceeding.

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