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Case No. 18-1013

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

Franklin Harris
v.
State of Iowa

Appellant

Franklin Harris

Appellee

State of Iowa

Attorneys for Appellant

Jacob Mason

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1013
Date Published:
Jul 03, 2019
Summary

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ.  Opinion by Potterfield, J.  (10 pages)

            Franklin Harris appeals the summary disposition of his actual innocence claim asserted in his third application for postconviction relief.  Harris argues the district court erred because there are genuine issues of material in fact that preclude the summary dismissal of his claim.  OPINION HOLDS: We find the district court carefully reviewed the record under the standards for summary disposition and correctly concluded summary disposition was proper.  We further find Harris has not met his burden to prove actual innocence by clear and convincing evidence.  We affirm the summary dismissal of Harris’s actual innocence claim.

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