Chester Lee Polk Jr.
v.
State of Iowa
Appellant
Chester Lee Polk Jr.
Appellee
State of Iowa
Attorney for the Appellant
Thomas J. O'Flaherty
Attorney for the Appellee
Bridget A. Chambers, 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, 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.
