Joshua Frank McCoy
v.
State of Iowa
Appellant
Joshua Frank McCoy
Appellee
State of Iowa
Attorney for the Appellant
Jamie Hunter
Attorney for the Appellee
Kevin Cmelik, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED. Heard by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Greer, P.J. (9 pages)
Joshua Frank McCoy appeals the dismissal of his second petition for postconviction relief, after the district court found the petition was untimely. McCoy asks this court to apply equitable tolling for second or successive petitions for postconviction relief that allege ineffective assistance of counsel in prior postconviction proceedings. He argues section 822.3 (2023) without equitable tolling is unconstitutional. OPINION HOLDS: We find courts have never applied equitable tolling to section 822.3 and the failure to do so is not unconstitutional. We decline to apply equitable tolling, and, as a result, his appeal is untimely, and the district court properly dismissed his second petition for postconviction relief.
