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.
