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Case No. 20-0044

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:
20-0044
Date Published:
Jan 12, 2022
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.

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