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Case No. 22-0040

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:
22-0040
Date Published:
Jan 25, 2023
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.

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