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Case No. 19-0465

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

Christopher LeGear
v.
State of Iowa

Appellant

Christopher LeGear

Appellee

State of Iowa

Attorneys for Appellant

Christopher J. Roth

Attorneys for Appellee

Kyle Hanson, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0465
Date Published:
Sep 02, 2020
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (14 pages)

            Applicant appeals the district grant of the State’s motion for summary dismissal of his third application for postconviction relief from his conviction of first-degree murder in 1982, based on being untimely, beyond the three-year statute of limitation in Iowa Code section 822.3 (2016) and there not being a new ground of fact or law.  OPINION HOLDS: The district court ruling is supported by the evidence and a correct application of law.  We affirm the dismissal.

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