BREWER v. STATE

No. 88-1329.

446 N.W.2d 803 (1989)

Ronald Wayne BREWER, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

October 18, 1989.


Attorney(s) appearing for the Case

Raymond E. Rogers, State Appellate Defender, and B. John Burns, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., and E.A. Westfall, County Atty., for appellee.

Considered by LARSON, P.J., and SCHULTZ, CARTER, LAVORATO and ANDREASEN, JJ.


ANDREASEN, Justice.

Ronald Wayne Brewer filed a request for relief in his postconviction relief action. The district court denied the request and dismissed his postconviction action because of laches. The State had not raised this defense in response to the postconviction application or in response to Brewer's request for relief. This case is unique because it presents an issue of first impression that should not arise again under the present postconviction relief...

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