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Case No. 20-0479

Dan Dorris
v.
State of Iowa

Appellant

Dan Dorris

Appellee

State of Iowa

Attorneys for Appellant

Justin R. Wyatt

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0479
Date Published:
Dec 15, 2021
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.

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