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Case No. 17-1543

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

Bruce Evan Martin
v.
State of Iowa

Appellant

Bruce Evan Martin

Appellee

State of Iowa

Attorneys for Appellant

Lauren M. Phelps

Attorneys for Appellee

Kelli A. Huser, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1543
Date Published:
Aug 01, 2018
Summary

Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (5 pages)

           Bruce Martin appeals the order granting summary disposition of his fifth application for postconviction relief (PCR).  OPINION HOLDS: The “newly discovered evidence” claims Martin raised in his fifth PCR application were either litigated in an earlier PCR proceeding or not proven to be newly discovered.  Accordingly, we affirm the order granting the State’s motion for summary disposition of his PCR action.  Because the result of the PCR proceeding would not have changed had PCR counsel performed as Martin suggests, his claim of ineffective assistance of PCR counsel also fails.

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