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Case No. 21-0688

David Hering
State of Iowa


David Hering


State of Iowa

Attorney for the Appellant

David Hering, self-represented

Attorney for the Appellee

Darrel Mullins, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 11, 2022

            Appeal from the Iowa District Court for Muscatine County, John Telleen, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (7 pages)

            David Hering appeals the dismissal of his third application for postconviction relief (PCR) as untimely.  He essentially argues (1) his actual-innocence claim serves as a new ground of fact excepting him from the statute of limitations contained in Iowa Code section 822.3 (2018); (2) the statute of limitations violates equal protection; (3) ineffective assistance of prior PCR counsel should completely override the statute of limitations; (4) he presented new grounds of law excepting him from the statute of limitations;  (5) the PCR court erred or abused its discretion by not ruling on claims he raised pro se while represented by counsel; and (6) his PCR counsel was ineffective in failing to raise meritorious arguments and ensure they were preserved for appeal.  OPINION HOLDS: Finding no cause for reversal on the issues properly preserved and presented for our review, we affirm.

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