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Case No. 21-0475

Wyatt Johnson
State of Iowa


Wyatt Johnson


State of Iowa

Attorney for the Appellant

Tiffany Kragnes

Attorney for the Appellee

Martha E. Trout, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 30, 2022

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (5 pages)

            Wyatt Johnson appeals the dismissal of his second application for postconviction relief (PCR).  He contends the district court was wrong to summarily dismiss his application as time-barred, arguing Schmidt v. State, 909 N.W.2d 778 (Iowa 2018), is a new ground of law that allows him to raise the claim he is actually innocent of the 2009 murder to which he pled guilty outside the three-year statute of limitations for PCR actions.  In the alternative, he argues he received ineffective assistance from his PCR counsel.  OPINION HOLDS: Because Johnson’s claim of actual innocence is not based on a newly discovered fact that could not have been discovered within the three-year statute of limitations, the district court was correct to dismiss his application as time-barred.  Johnson failed to prove he suffered prejudice from PCR counsel’s alleged breach, so his claim of ineffective assistance fails.  We affirm.

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