Foster v. State

HABHAB, Judge.

In 1981 Rick Foster was convicted of first-degree kidnapping and second-degree sexual abuse. The two convictions arose from the same series of events. The sexual abuse conviction was later vacated by the district court on the ground it was merged into the kidnapping conviction.

In 1982 the Iowa Supreme Court affirmed Foster’s first-degree kidnapping conviction upon direct appeal. 318 N.W.2d 176. Foster later sought postconviction relief. The district court initially dismissed his postconviction action sua sponte without a hearing. However, the Iowa Supreme Court later reversed…