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Case No. 19-1916

David Eugene Maddox
v.
State of Iowa

Appellants

David Eugene Maddox

Appellee

State of Iowa

Attorneys for Appellants

Katherine Kaminsky Murphy (until withdrawal)
Anne Rohling

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1916
Date Published:
Sep 02, 2020
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.

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