Richard John Siemer Jr.
v.
State of Iowa
Appellant
Richard John Siemer Jr.
Appellee
State of Iowa
Attorney for the Appellant
Gary Dickey
Attorney for the Appellee
Joseph D. Ferrentino, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, Judge. AFFIRMED. Considered without oral arguments by Schumacher, P.J., and Badding and Langholz, JJ. Opinion by Schumacher, P.J. (6 pages)
Richard Siemer appeals from the summary dismissal of his second application for postconviction relief. He asserts that a genuine issue of material fact exists as to whether phone records constitute a new ground of fact that could not have been raised within three years of his conviction; the statute of limitations should be tolled by the relation-back doctrine established in Allison v. State, 914 N.W.2d 866 (Iowa 2018); and the 2019 amendment to Iowa Code section 822.3 violates both the equal protection clause and the due process clause of the federal and Iowa constitutions. OPINION HOLDS: Upon our review, we affirm the summary dismissal of Siemer’s second application for postconviction relief.
