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Hrbek v. State

Court of Appeals of Iowa.
Oct 14, 2015
872 N.W.2d 198 (Iowa Ct. App. 2015)

Summary

concluding the applicant was entitled to reinstatement of a PCR action that had been dismissed eight years earlier under rule 1.944 due to the ineffective assistance of PCR counsel, which resulted in structural error

Summary of this case from Yates v. State

Opinion

No. 13–1619.

10-14-2015

John Lee HRBEK, Applicant–Appellant, v. STATE of Iowa, Respondent–Appellee.

Philip B. Mears of Mears Law Office, Iowa City, for appellant. John Lee Hrbek, Anamosa, pro se. Thomas J. Miller, Attorney General, Tyler J. Buller, Assistant Attorney General, Matthew Wilber, County Attorney, and Margaret Popp–Reyes, Assistant County Attorney, for appellee State.


DECISION WITHOUT PUBLISHED OPINION

Reversed and Remanded.


Summaries of

Hrbek v. State

Court of Appeals of Iowa.
Oct 14, 2015
872 N.W.2d 198 (Iowa Ct. App. 2015)

concluding the applicant was entitled to reinstatement of a PCR action that had been dismissed eight years earlier under rule 1.944 due to the ineffective assistance of PCR counsel, which resulted in structural error

Summary of this case from Yates v. State

discussing the "bizarre procedural history of the PCR action" and ordering reinstatement of the postconviction case

Summary of this case from Hrbek v. State
Case details for

Hrbek v. State

Case Details

Full title:John Lee HRBEK, Applicant–Appellant, v. STATE of Iowa, Respondent–Appellee.

Court:Court of Appeals of Iowa.

Date published: Oct 14, 2015

Citations

872 N.W.2d 198 (Iowa Ct. App. 2015)

Citing Cases

Yates v. Wachtendorf

The cases Yates cites as demonstrating an inconsistent application of Iowa law were not decided until after…

Yates v. State

In 2016, just days after filing his notice of appeal, Yates moved to reopen his first PCR action, arguing the…