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Duane Yates
v.
State of Iowa
Appellant
Duane Yates
Appellee
State of Iowa
Attorneys for the Appellant
Jacob Mason
Duane Yates, pro se
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.