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Case No. 17-1800

John Nell Mitchell
v.
State of Iowa

Appellant

John Nell Mitchell

Appellee

State of Iowa

Attorney for the Appellant

Eric D. Tindal

Attorney for the Appellee

Aaron Rogers, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1800
Date Published:
Jan 09, 2019
Summary

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (2 pages)

            John Mitchell appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Mitchell’s application in this action was filed nearly thirteen years after issuance of procedendo, which is well beyond the statute of limitations.  No disputed issue of fact would bring Mitchell’s claim within that limitation.  Summary dismissal was proper.

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