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Christopher LeGear
v.
State of Iowa
Appellant
Christopher LeGear
Appellee
State of Iowa
Attorney for the Appellant
Christopher J. Roth
Attorney for the Appellee
Kyle Hanson, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.