Foster v. State

LARSON, Justice.

Rick Dean Foster was convicted of kidnapping in the first degree, and this court affirmed, State v. Foster, 318 N.W.2d 176 (Iowa 1982). Foster then filed an application for postconviction relief under Iowa Code chapter 663A (1983). The court served notice on Foster of its intention to dismiss the application, without hearing, on the ground no material issue of fact had been raised. See Iowa Code § 663A.6 (second unnumbered paragraph). Foster filed a resistance to the proposed dismissal, asserting that disputed fact issues had been raised. The district court dismissed the…