Jesse Edward Brown
v.
State of Iowa
Appellant
Jesse Edward Brown
Appellee
State of Iowa
Attorney for the Appellant
Agnes G. Warutere
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge. AFFIRMED. Considered by Greer, P.J., Ahlers, J., and Blane, S.J. Opinion by Blane, S.J. (8 pages)
Jesse Brown appeals the district court’s grant of the State’s motion for summary dismissal of his fifth postconviction-relief (PCR) application. OPINION HOLDS: On de novo review of Brown’s claim of ineffective assistance of trial counsel for failing to challenge two potential jurors for cause, the claim is barred by res judicata, there was no new-ground-of-law exception to the three-year statute of limitation, and no prejudice was established. As to Brown’s claim of newly discovered evidence, since it was only for impeachment, it does not qualify as a newly discovered fact to extend the statute of limitations.
