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BREWER v. IOWA DIST. CT. FOR POTTAWATTAMIE

Nos. 85-1084, 85-1864.

395 N.W.2d 841 (1986)

Ronald W. BREWER, Plaintiff, v. IOWA DISTRICT COURT FOR POTTAWATTAMIE COUNTY, Defendant. Terry J. HARRINGTON, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

November 12, 1986.

Attorney(s) appearing for the Case

Mark J. Eveloff, Council Bluffs, for plaintiff Ronald W. Brewer.

James P. Cleary, Des Moines, for appellant Terry J. Harrington.

Thomas J. Miller, Atty. Gen., Roxann M. Ryan, Asst. Atty. Gen., David E. Richter, Co. Atty., and Joseph Hrvol, Asst. Co. Atty., for defendant and appellee.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, CARTER, and LAVORATO, JJ.

CARTER, Justice.

In these consolidated proceedings two postconviction applicants challenge the determination that their claims are barred by the three-year statute of limitations contained in Iowa Code section 663A.3 (1985).

Postconviction applicant, Ronald W. Brewer, was convicted of second-degree murder and sentenced to life imprisonment on December 3, 1963. No direct appeal was taken from that judgment and sentence. Postconviction applicant, Terry J. Harrington...

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