Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-1180

Juan Lozano
State of Iowa


Juan Lozano


State of Iowa

Attorney for the Appellant

Shellie L. Knipfer, Assistant Appellate Defender

Attorney for the Appellee

Richard J. Bennett, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 22, 2020

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            An applicant for postconviction relief asks us to reverse a district court decision that found his application barred by a three-year limitation period.  OPINION HOLDS: The defendant’s application was filed more than eleven years following the expiration of the limitation period set forth in Iowa Code section 822.3 (2016).  We decline to apply a language-proficiency-based exception to our long line of cases refusing to apply equitable tolling to section 822.3.  We therefore affirm the defendant’s convictions and sentences.

© 2024 Iowa Judicial Branch. All Rights Reserved.