William Edward Blakeman, III
v.
State of Iowa
Appellant
William Edward Blakeman, III
Appellee
State of Iowa
Attorney for the Appellant
Andrew C. Abbott
Attorney for the Appellee
Israel Kodiaga, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by May, J. Dissent by Vaitheswaran, P.J. (6 pages)
William Blakeman appeals from the summary dismissal of his application for postconviction relief (PCR). OPINION HOLDS: Blakeman filed his PCR application after expiration of the three-year statute of limitations. And he did not present a ground of fact or law that could not have been presented within three years after his conviction became final. Blakeman also failed to preserve error on his equitable-tolling claim. DISSENT ASSERTS: I believe the district court erred in dismissed the postconviction-relief application sua sponte without notice to Blakeman, despite the fact that an order filed less than three weeks earlier afforded his attorney forty-five days to file a brief and granted Blakeman the right to a hearing in the event a motion for summary judgment was filed. I would reverse and remand for further proceedings.
