Spencer Antowyn Pierce
v.
State of Iowa
Appellant
Spencer Antowyn Pierce
Appellee
State of Iowa
Attorneys for Appellant
Nicholas Einwalter
Attorneys for 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, Joseph Seidlin, Judge. AFFIRMED. Considered by May, P.J., Schumacher, J., and Carr, S.J. Opinion by Schumacher, J. Dissent by Carr, S.J. (10 pages)
Spencer Antowyn Pierce appeals the summary disposition of his second application for postconviction relief. OPINION HOLDS: Given the narrow constraints of Allison v. State, we affirm the dismissal of Pierce’s second application for postconviction relief. DISSENT ASSERTS: Because the claims in the second PCR action impliedly allege Pierce’s first PCR counsel was ineffective in advancing claims in his first PCR action, I would find his second PCR action falls within the Allison exception and reverse.
