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Case No. 21-1662

Michael Alon Davis
v.
State of Iowa

Appellant

Michael Alon Davis

Appellee

State of Iowa

Attorney for the Appellant

Gary Dickey

Attorney for the Appellee

Sheryl Soich, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1662
Date Published:
Mar 08, 2023
Summary

              Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge. REVERSED AND REMANDED.  Considered by Badding, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

              Michael Davis appeals the summary dismissal of his sixth application for postconviction relief.  OPINION HOLDS: There is a question of material fact as to whether the ground-of-fact exception applies to bypass the statute of limitations found in Iowa Code section 822.3 (2019).  So we reverse and remand for further proceedings.

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