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Case No. 18-0450

Perry Andrew Fischer
v.
State of Iowa

Appellant

Perry Andrew Fischer

Appellee

State of Iowa

Attorneys for Appellant

Amanda Demichelis

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0450
Date Published:
Apr 03, 2019
Summary

            Appeal from the Iowa District Court for Polk County, David N. May, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vogel, C.J.  (6 pages)

            Perry Fischer appeals the summary judgment ruling to dismiss his application for postconviction relief.  He argues summary judgment was inappropriate as there were genuine issues of material fact, and he asserts his claims are not time-barred, despite the sixteen-year period between conviction and the application.  In addition, Fischer raises ineffective-assistance claims against his trial counsel and postconviction counsel.  OPINION HOLDS: We conclude summary judgment was appropriate because Fischer’s claims are not within the three-year statute of limitations and no exception applies.  Additionally, we find Fischer’s ineffective-assistance claims against trial counsel are time-barred and he failed to prove postconviction counsel was ineffective.

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