McElhaney v. Auger

McCORMICK, Justice.

This is an appeal from denial of postcon-viction relief. We affirm.

Petitioner’s action was predicated upon a claim that his 1966 rape conviction should be set aside because he was subjected to post-arrest lineup procedures which violated the Sixth and Fourteenth Amendments of the United States Constitution. His conviction was affirmed upon appeal. State v. McElhaney, 261 Iowa 199, 153 N.W.2d 715 (1967). No challenge of the lineup was made either at trial or in the direct appeal from conviction. When respondent filed a motion to dismiss based upon these facts, the trial…