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Odell Everett Jr.
v.
State of Iowa
Appellant
Odell Everett Jr.
Appellee
State of Iowa
Attorney for the Appellant
Fred Stiefel
Attorney for the Appellee
Kevin Cmelik, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge. AFFIRMED. Considered by Potterfield, P.J., and May and Greer, JJ. Opinion by Potterfield, P.J. (3 pages)
Odell Everett Jr. appeals from the summary dismissal of his third application for postconviction relief in which he challenges his 2005 conviction for first-degree robbery. OPINION HOLDS: We agree with the district court’s conclusions that Everett’s reliance on Schmidt v. State, 909 N.W.2d 778 (Iowa 2018), was “misplaced because there is no allegation of newly discovered evidence upon which any claim of actual innocence could be made,” and that Everett’s “claims have been fully adjudicated and are time barred.” We find no error and therefore affirm.
