David Eugene Maddox
v.
State of Iowa
Appellant
David Eugene Maddox
Appellee
State of Iowa
Attorneys for the Appellant
Katherine Kaminsky Murphy (until withdrawal)
Anne Rohling
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 Pottawattamie County, Jeffrey L. Larson, Judge. AFFIRMED. Considered by Bower, C.J., and Doyle and Schumacher, JJ. Opinion by Schumacher, J. (8 pages)
David Maddox filed a second application for postconviction relief (PCR) 121 days after procedendo issued following the appeal of his first PCR trial. The district court granted the State’s motion for summary dismissal of the application, finding the application did not comply with the limitation period set forth in Iowa Code section 822.3 (2019) and that the narrow exception to section 822.3 carved out in Allison v. State, 914 N.W.2d 866, 890–91 (Iowa 2018), was unavailable because Maddox delayed 121 days after procedendo in filing the application. OPINION HOLDS: The 121-day delay between procedendo and the filing of Maddox’s second PCR application was over twice as long as the analogous period in Allison that the Iowa Supreme Court found to constitute prompt filing. We affirm the district court’s order refusing to apply Allison’s narrow exception.
