Chad Stechcon
v.
State of Iowa
Appellant
Chad Stechcon
Appellee
State of Iowa
Attorney for the Appellant
Mark C. Smith, State Appellate Defender
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Benton County, Chad A. Kepros and Christopher L. Bruns, Judges. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Vaitheswaran, P.J. (6 pages)
Chad Stechcon appeals the district court’s summary dismissal of his application for postconviction relief as time-barred, seeking to circumvent the time bar by arguing his “court-appointed postconviction relief counsel was ineffective in failing to file his application for postconviction relief in a timely fashion.” OPINION HOLDS: We conclude postconviction counsel breached an essential duty and the failure amounted to structural error. We reverse and remand for adjudication of the merits of Stechon’s untimely filed postconviction-relief application.