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.
