Douglas Paul Beery
v.
State of Iowa
Appellant
Douglas Paul Beery
Appellee
State of Iowa
Attorneys for the Appellant
Adrienne Loutsch (until withdrawal)
Erin M. Carr
Attorney for the Appellee
Benjamin Parrott, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ. Tabor, J., takes no part. Opinion by Greer, J. (8 pages)
Douglas Beery was convicted of first-degree murder and assault with intent to inflict serious injury in 1996. Here, he challenges the denial of his fourth application for postconviction relief (PCR), which he filed nearly two decades after the statute of limitations ran. OPINION HOLDS: Beery’s claim that his trial counsel argued self-defense against his wishes is not premised on a new ground of fact, so it does not fall within the exception to the statute of limitations. While two of his brother’s confessions took place after the statute of limitations ran, Beery cannot prevail on the substance of his newly-discovered-evidence claim. So, we affirm the district court’s denial of Beery’s fourth PCR application.
