EMERY v. FENTON

No. 61700.

266 N.W.2d 6 (1978)

Earl LeRoy EMERY, Plaintiff, v. The Honorable Ray A. FENTON, Judge of the Fifth Judicial District, Polk County, Iowa, Defendant.

Supreme Court of Iowa.

May 17, 1978.


Attorney(s) appearing for the Case

John C. Wellman, Des Moines, for plaintiff.

Rick L. Olson, Asst. County Atty., for defendant.

Considered en banc.


McCORMICK, Justice.

The question here is whether an applicant for postconviction relief under Code chapter 663A has a statutory right to be admitted to bail. The defendant trial court held he does not. We granted certiorari to review the holding. Because we agree with the trial court we annul the writ.

Plaintiff Earl LeRoy Emery was convicted in 1974 in Polk County of robbery with aggravation. He was given an indeterminate 25-year sentence to the Fort Madison...

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