Darnell Garrett Demery
v.
State of Iowa
Appellant
Darnell Garrett Demery
Appellee
State of Iowa
Attorney for the Appellant
Carla Pearson
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 Black Hawk County, Andrea J. Dryer, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., Ahlers, J., and Mullins, S.J. Opinion by Mullins, S.J. (4 pages)
Darnell Demery appeals the dismissal of his fourth application for postconviction relief, arguing that the ineffective assistance of counsel in his prior postconviction proceedings excuses his failure to timely assert his new grounds for relief. OPINOIN HOLDS: By statute, allegations of ineffective assistance in a prior case under chapter 822 cannot toll or extend the three-year limitation for seeking postconviction relief. Because Demery asserts no new ground of fact or law exempting his claims from the statutory deadline, we affirm the district court’s order dismissing his untimely application.
