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MELKA v. HAUGH

No. 54899.

190 N.W.2d 834 (1971)

James Frank MELKA, Petitioner-Appellant, v. Charles HAUGH, Respondent-Appellee.

Supreme Court of Iowa.

October 13, 1971.

Attorney(s) appearing for the Case

Daryl E. Roberts, Independence, for petitioner-appellant.

Richard C. Turner, Atty. Gen., Richard N. Winders, Asst. Atty. Gen., and Kenneth Martinson, Buchanan County Atty., for respondent-appellee.

STUART, Justice.

On August 20, 1970, appellant filed pro se a Petition for Writ of Habeas Corpus which the trial court treated as an application filed under the Uniform Postconviction Procedure Act, Chapter 663A, The Code. Counsel was appointed for petitioner. The respondent filed an answer asking for dismissal of the petition. On October 8, 1970 petitioner filed an affidavit to substantiate the writ. No counter affidavits were filed. On October 14, the court, proceeding...

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