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Case No. 19-2037

Martin Shane Moon
v.
State of Iowa

Appellant

Martin Shane Moon

Appellee

State of Iowa

Attorneys for Appellant

Richard Hollis

Attorneys for Appellee

Sheryl Soich, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-2037
Date Published:
Feb 17, 2021
Summary

    Appeal from the Iowa District Court for Clarke County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (9 pages)

    The district court summarily dismissed Martin Moon’s third application for postconviction relief (PCR), finding it was time-barred by the statute of limitations established in Iowa Code section 822.3 (2018).  On appeal Moon argues a fact dispute over the date procedendo from his original appeal occurred prohibits summary dismissal of his application.  Put more simply, Moon contends he should be allowed an opportunity to develop his PCR theories and the district court’s summary dismissal was in error.  OPINION HOLDS: Because Moon failed to show his third PCR claim overcomes the time limits of section 822.3, we find the summary dismissal of the third PCR action was correct.  We affirm.

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