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Bobby Joe Morris
v.
State of Iowa
Appellant
Bobby Joe Morris
Appellee
State of Iowa
Attorney for the Appellant
Andrew Dunn
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. AFFIRMED. Considered by Mullins, P.J., Bower, J., and Vogel, S.J. Gamble, S.J., takes no part. Opinion by Bower, J. (7 pages)
Bobby Joe Morris appeals from the dismissal of his application for postconviction relief (PCR) in which he challenges his 1998 conviction for first-degree murder. OPINION HOLDS: All of Morris’s claims of ineffective assistance of trial, appellate, and first PCR counsel are time barred. With respect to his cruel-and-unusual-punishment claim, Morris grounds the claim on due process, arguing, “The due process violation as to Morris results in his cruel and unusual punishment under Article I, section 17 of the Iowa Constitution . . . and the Eighth Amendment.” We find no error in the PCR court’s rejection of his claim of an illegal sentence.