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Case No. 20-0084

Ricky Anthony Brandes
v.
State of Iowa

Appellant

Ricky Anthony Brandes

Appellee

State of Iowa

Attorneys for Appellant

William P. Baresel

Attorneys for Appellee

Bridget A. Chambers, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0084
Date Published:
May 12, 2021
Summary

            Appeal from the Iowa District Court for Chickasaw County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

            Ricky Brandes appeals the summary dismissal of his third application for postconviction relief as untimely.  Brandes argues he has newly discovered evidence that allows him to bypass the statute of limitations found in Iowa Code section 822.3 (2018).  OPINION HOLDS: Brandes cannot bypass the statute of limitations because he provides no explanation as to why he could not present the evidence within the statute of limitations.

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