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Case No. 19-0375

William Edward Blakeman, III
v.
State of Iowa

Appellant

William Edward Blakeman, III

Appellee

State of Iowa

Attorneys for Appellant

Andrew C. Abbott

Attorneys for Appellee

Israel Kodiaga, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0375
Date Published:
Apr 29, 2020
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.

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