James Robert McCurdy
v.
State of Iowa
Appellant
James Robert McCurdy
Appellee
State of Iowa
Attorney for the Appellant
Colin McCormack
Attorney for the Appellee
Nicholas E. Siefert, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, Jennifer Miller, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., Chicchelly, J., and Mullins, S.J. Opinion by Mullins, S.J. (3 pages)
James McCurdy appeals the district court’s dismissal of his application for postconviction relief, arguing the three-year limitations period in Iowa Code section 822.3 (2023) is unconstitutional. OPINION HOLDS: McCurdy fails to explain why we should second-guess the constitutionality of section 822.3 based on the Supreme Court’s reasoning in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). We therefore deem any constitutional challenge waived. Because McCurdy filed his application long after the three-year limitations period had closed, we affirm dismissal.
