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:
Date Published:
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.
