Owens Thompson
v.
State of Iowa
Appellant
Owens Thompson
Appellee
State of Iowa
Attorney for the Appellant
Christopher Kragnes, Sr.
Attorney for the Appellee
Linda J. Hines, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. AFFIRMED. Considered by May, P.J., Badding, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (5 pages)
More than twenty years after a jury first convicted Owens Thompson of first-degree murder, Thompson brought this—his third—application for postconviction relief (PCR). The district court summarily dismissed the application for being time-barred. Thompson appeals, arguing Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), allows him to bring this action and requires the court to provide him an evidentiary hearing to develop his claim of ineffective assistance of counsel. OPINION HOLDS: Because Allison does not apply to save his application from being time-barred by Iowa Code section 822.3 (2019), we agree with the district court’s summary dismissal of Thompson’s third PCR application.
