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Case No. 17-0382

For summaries from opinions prior to August, 2018, view PDF versions here

Michael Kelly
v.
State of Iowa

Appellant

Michael Kelly

Appellee

State of Iowa

Attorneys for Appellant

Stephen P. Dowil

Attorneys for Appellee

Genevieve Reinkoester, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0382
Date Published:
Aug 01, 2018
Summary

Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., McDonald, J., and Blane, S.J.  Opinion by Potterfield, P.J. (10 pages)

           Michael Kelly appeals the dismissal of his third application for postconviction relief (PCR).  OPINION HOLDS: Kelly’s claim that he received an illegal sentence is a claim that can be brought at any time; thus, we reverse the PCR court’s dismissal of that claim and remand to the PCR court.  As for the rest of his third PCR application, Kelly has not established that any exception to the three-year statute of limitations applies, and we agree with the PCR court that it is time-barred and must be dismissed. 

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