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Case No. 18-1209

Hayes Elbert Baker III
v.
State of Iowa

Appellant

Hayes Elbert Baker III

Appellee

State of Iowa

Attorneys for Appellant

Priscilla E. Forsyth

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1209
Date Published:
Mar 04, 2020
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. 

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