Dan Dorris
v.
State of Iowa
Appellant
Dan Dorris
Appellee
State of Iowa
Attorney for the Appellant
Justin R. Wyatt
Attorney for the Appellee
Martha E. Trout, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Badding, J. (8 pages)
Dan Dorris appeals the denial of his second application for postconviction relief. OPINION HOLDS: I. Dorris’s claims are not timely under the exception set forth in Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), because he failed to promptly file his second postconviction action after the first concluded. II. The statutory requirement of a reported hearing does not apply to a hearing on motions, and Dorris has not shown he was prejudiced by his counsel’s failure to demand formal reporting. III. Dorris fails to show how the outcome of the proceeding would have differed if counsel had provided a more thorough explanation in his application for scientific testing as is statutorily required.