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Case No. 17-1919

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

Lawrence Larry McCoy
v.
State of Iowa

Appellant

Lawrence Larry McCoy

Appellee

State of Iowa

Attorneys for Appellant

Thomas Hurd

Attorneys for Appellee

Linda J. Hines, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1919
Date Published:
Jun 17, 2020
Summary

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle and May, JJ.  Opinion by May, J.  Special Concurrence by Vaitheswaran, P.J.  (7 pages)

            Lawrence McCoy appeals the summary disposition of his second application for postconviction relief.  OPINION HOLDS: Iowa Code sections 822.3 and 822.8 (2010) required dismissal.  And no fact question precluded summary disposition.  SPECIAL CONCURRENCE ASSERTS: I would affirm the summary dismissal of McCoy’s postconviction-relief application, but I would find it unnecessary to address section 822.8, which presumes a timely filed application. 

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