Hines v. State

McGIVERIN, Justice.

The State filed a motion to dismiss the postconviction relief application of Mark Hines. The motion was resisted in writing by the applicant, set for hearing by the court, orally argued by the parties, and then sustained by the court.

The question here is whether a postconviction relief applicant, after the above-stated procedural record; is further entitled under section 663A.6, The Code 1977, to a notice of intention to dismiss and opportunity to reply to a proposed dismissal.

Believing he is so entitled, Hines appeals. We disagree and affirm.

In June 1972 Hines pleaded…