Isidro Ramirez
v.
State of Iowa
Appellant
Isidro Ramirez
Appellee
State of Iowa
Attorney for the Appellant
Gary Dickey
Attorney for the Appellee
Kyle Hanson, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED. Considered by May, P.J., Ahlers, J., and Danilson, S.J. Opinion by Danilson, S.J. Special Concurrence by May, P.J. (6 pages)
Isidro Ramirez appeals the summary dismissal of his fourth application for postconviction relief. OPINION HOLDS: Because his application is well outside the statute of limitations and does not meet the criteria of the relation-back exception set out in Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), we affirm the ruling of the district court. SPECIAL CONCURRENCE ASSERTS: Dismissal was also appropriate because Allison v. State does not apply to a fourth postconviction-relief application.
