Bryan Lamarr Mitchell
v.
State of Iowa
Appellant
Bryan Lamarr Mitchell
Appellee
State of Iowa
Attorney for the Appellant
Austin Jungblut
Attorney for the Appellee
Genevieve Reinkoester, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ. Opinion by Langholz, J. Opinion by Langholz, J. (4 pages)
Bryan Mitchell appeals the district court’s dismissal of his second application for postconviction relief as time-barred under Iowa Code section 822.3 (2024). He argues that we should adopt “due process equitable tolling” and remand for the district court to decide whether he could avoid dismissal under that standard. OPINION HOLDS: Assuming that Mitchell’s argument is preserved for our review, it is foreclosed by the text of section 822.3 and governing supreme court precedent. We thus affirm the district court’s dismissal of Mitchell’s second application for postconviction relief.
