Emery v. Fenton

McCORMICK, Justice.

The question here is whether an applicant for postconviction relief under Code chapter 663A has a statutory right to be admitted to bail. The defendant trial court held he does not. We granted certiorari to review the holding. Because we agree with the trial court we annul the writ.

Plaintiff Earl LeRoy Emery was convicted in 1974 in Polk County of robbery with aggravation. He was given an indeterminate 25-year sentence to the Fort Madison penitentiary, where he is still incarcerated. In February 1978 he filed an application for postconviction relief challenging his…