Matthew Guy Clarke
v.
State of Iowa
Appellant
Matthew Guy Clarke
Appellee
State of Iowa
Attorney for the Appellant
Mathew Guy Clarke, self-represented
Attorney for the Appellee
Olivia D. Brooks, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Stacy Ritchie, Judge. AFFIRMED. Considered by Chicchelly, P.J., Buller, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (5 pages)
Pursuant to a plea agreement, Matthew Clarke pled guilty to and was convicted of assault with a dangerous weapon in 1992. Clarke filed his third application for postconviction relief in 2022, and the district court summarily dismissed it because it was filed outside the three-year statute of limitations and Clarke was unable to articulate any newly discovered facts or a new ground of law that allowed him to avoid the time-bar. OPINION HOLDS: Having considered all of Clarke’s arguments that were properly preserved and adequately briefed on appeal, we agree with the district court that Clarke failed to establish an exception to the statute of limitations that applies to his third application for PCR. Summary dismissal was appropriate.
