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:
Date Published:
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 Allison” v. 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.