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Case No. 19-0726

Peter Kelly Long
State of Iowa


Peter Kelly Long


State of Iowa

Attorney for the Appellant

Jamie Hunter

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 29, 2020

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            An applicant convicted of a class “A” felony appeals from the dismissal of his third application for postconviction relief.  OPINION HOLDS: The narrow exception outlined in Allison v. State, 914 N.W.2d 866 (Iowa 2018), is inapplicable to Long’s third application for postconviction relief, and therefore the untimeliness of Long’s application is not cured.  Additionally, we reject the conclusory statements in Long’s pro se brief alleging that the judge presiding over his postconviction proceedings was biased, prejudiced, or had knowledge obtained extra judicially.  We affirm the dismissal of the application.

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