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McELHANEY v. AUGER

No. 2-57869.

238 N.W.2d 797 (1976)

Dennis Ray McELHANEY, Appellant, v. Calvin AUGER, Warden, Iowa State Men's Reformatory, Anamosa, Iowa, Appellee.

Supreme Court of Iowa.

February 18, 1976.

Attorney(s) appearing for the Case

John C. Platt, Cedar Rapids, for appellant.

Richard C. Turner, Atty. Gen., William D. Scherle, Asst. Atty. Gen., and Eugene J. Kopecky, County Atty., Cedar Rapids, for appellee.

Submitted to REYNOLDSON, Acting C. J., and RAWLINGS, LeGRAND, UHLENHOPP and McCORMICK, JJ.

McCORMICK, Justice.

This is an appeal from denial of postconviction relief. We affirm.

Petitioner's action was predicated upon a claim that his 1966 rape conviction should be set aside because he was subjected to post-arrest lineup procedures which violated the Sixth and Fourteenth Amendments of the United States Constitution. His conviction was affirmed upon appeal. State v. McElhaney, 261 Iowa 199, 153 N.W.2d 715

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