Michael Kelly
v.
State of Iowa
Appellant
Michael Kelly
Appellee
State of Iowa
Attorney for the Appellant
Stephen P. Dowil
Attorney for the Appellee
Genevieve Reinkoester, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Potterfield, P.J., McDonald, J., and Blane, S.J. Opinion by Potterfield, P.J. (10 pages)
Michael Kelly appeals the dismissal of his third application for postconviction relief (PCR). OPINION HOLDS: Kelly’s claim that he received an illegal sentence is a claim that can be brought at any time; thus, we reverse the PCR court’s dismissal of that claim and remand to the PCR court. As for the rest of his third PCR application, Kelly has not established that any exception to the three-year statute of limitations applies, and we agree with the PCR court that it is time-barred and must be dismissed.
