Fryer v. Hamilton

McGIVERIN, Justice.

The controlling question here is whether the trial court legally could enter a default and dismiss the postconviction relief appli cation under the record in this case. We believe the default and dismissal should not have been entered.

Following a jury trial Allen E. Fryer was convicted on four counts of first degree murder. In 1974 he was sentenced to four concurrent terms of life imprisonment and is presently confined in the Iowa State Penitentiary.

Other cases previously before us involving defendant’s brothers and arising from the same homicide incident are State v.…