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Case No. 19-0322

Eric Mel Thompson
v.
State of Iowa

Appellant

Eric Mel Thompson

Appellee

State of Iowa

Attorneys for Appellant

Marti D. Nerenstone

Attorneys for Appellee

Darrel Mullins, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0322
Date Published:
Apr 29, 2020
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Eric Thompson appeals the dismissal of his third postconviction-relief (PCR) application.  On appeal, Thompson argues that the holding of Allison v. State, 914 N.W2d 866, 891 (Iowa 2018), should be expanded to find the three-year statute of limitations for filing a PCR is unconstitutional.  Even if constitutional, Thompson claims Allison affords him the guarantee of competent counsel and both his trial and appellate counsels’ ineffective assistance warranted an exception to the three-year time bar.  OPINION HOLDS: We conclude the three-year time bar is constitutional and the exception in Allison does not apply because Thompson did not file his PCR action “promptly.”  We affirm the dismissal of Thompson’s third PCR.

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