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FRYER v. HAMILTON

Nos. 61848, 62047.

278 N.W.2d 5 (1979)

Allen E. FRYER, Plaintiff, v. Tom HAMILTON, as Judge of the District Court in and for Lyon County, Defendant. Allen E. FRYER, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

April 25, 1979.

Attorney(s) appearing for the Case

Barbara A. Schwartz and John M. Thompson, Iowa City, for plaintiff-appellant.

Thomas J. Miller, Atty. Gen., for defendant-appellee.

Considered by LeGRAND, P. J., and UHLENHOPP, HARRIS, McGIVERIN and LARSON, JJ.

McGIVERIN, Justice.

The controlling question here is whether the trial court legally could enter a default and dismiss the postconviction relief application under the record in this case. We believe the default and dismissal should not have been entered.

Following a jury trial Allen E. Fryer was convicted on four counts of first degree murder. In 1974 he was sentenced to four concurrent terms of life imprisonment...

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