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Case No. 18-0309

Chester Lee Polk Jr.
v.
State of Iowa

Appellant

Chester Lee Polk Jr.

Appellee

State of Iowa

Attorneys for Appellant

Thomas J. O'Flaherty

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0309
Date Published:
Aug 21, 2019
Summary

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (5 pages)

            Postconviction-relief (PCR) applicant Chester Polk Jr. appeals the dismissal of his second PCR application as untimely.  He asks the court to apply the “relation-back” doctrine set out in Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), to find his application was timely.  OPINION HOLDS: Because the applicant waited nearly six months to file his second PCR application, he did not meet the “prompt” filing mandate in Allison.  We affirm the dismissal. 

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