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Case No. 19-1090

James E. Wright, Jr.
v.
State of Iowa

Appellant

James E. Wright, Jr.

Appellee

State of Iowa

Attorney for the Appellant

Peter M. Sand

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1090
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Vaitheswaran, P.J.  (5 pages)

            James Wright, Jr. appeals from the district court’s dismissal of his second application for postconviction relief (PCR), contending (1) the “second PCR action is, in fact, timely under Allisonv. State, 914 N.W.2d 866, 891 (Iowa 2018), and (2) the statute of limitations does not “apply to [the] second PCR action, as it involves newly discovered evidence.”  OPINION HOLDS: We affirm the summary dismissal of Wright’s second PCR application.

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