Eric Mel Thompson
v.
State of Iowa
Appellant
Eric Mel Thompson
Appellee
State of Iowa
Attorney for the Appellant
Marti D. Nerenstone
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
