FUHRMANN v. STATE

No. 87-1419.

433 N.W.2d 720 (1988)

Joachim Siegfried FUHRMANN, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

December 21, 1988.


Attorney(s) appearing for the Case

Raymond E. Rogers, Acting Appellate Defender, and James F. Whalen, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Sarah J. Coats, Asst. Atty. Gen., E.A. Westfall, Co. Atty., and Tim Markel, Asst. Co. Atty., for appellee.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, NEUMAN and ANDREASEN, JJ.


SCHULTZ, Justice.

The issue presented is whether the district court must appoint counsel for a pro se applicant for postconviction relief when the petition shows on its face that the action is barred by the statute of limitations. The district court granted the State's motion to dismiss and did not rule on the applicant's pending motion requesting the appointment of counsel. Under the facts of this case, we hold that the court's action was proper.

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