KYLE v. STATE

No. 66881.

322 N.W.2d 299 (1982)

John Thomas KYLE, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

July 21, 1982.


Attorney(s) appearing for the Case

Patricia N. Fetzer, Iowa City, and Sarah Megan, John Wunder, Kim Dulin and Dennis Shields, Student Legal Interns, for appellant.

Thomas J. Miller, Atty. Gen., Roxann M. Ryan, Asst. Atty. Gen., and David H. Correll, County Atty., for appellee.

Considered en banc.


McGIVERIN, Justice.

Applicant John Thomas Kyle appeals from the district court's summary dismissal under section 663A.6, The Code, of his application for postconviction relief. We consider the following issues based on his 1964 plea of guilty to an open charge of murder, section 690.1, The Code 1962, and the subsequent determination of first-degree murder under section 690.4, The Code 1962:

1) Whether postconviction court erred in summarily dismissing the...

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