Hayes Elbert Baker III
v.
State of Iowa
Appellant
Hayes Elbert Baker III
Appellee
State of Iowa
Attorney for the Appellant
Priscilla E. Forsyth
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge. AFFIRMED. Considered by Bower, C.J., and May and Greer, JJ. Opinion by Greer, J. (7 pages)
Hayes Baker III appeals the denial of his fourth postconviction-relief application (PCR) on statute-of-limitation grounds. He argues new evidence establishes an actual-innocence claim to overcome the statute-of-limitations defense. OPINION HOLDS: We conclude a gateway actual-innocence exception does not apply here. Because Baker filed this fourth PCR application more than three years after procedendo issued, it is barred by the statute of limitations.
