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Case No. 20-0674

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

Isidro Ramirez
v.
State of Iowa

Appellant

Isidro Ramirez

Appellee

State of Iowa

Attorney for the Appellant

Gary Dickey

Attorney for the Appellee

Kyle Hanson, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0674
Date Published:
Aug 18, 2021
Summary

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  Special Concurrence by May, P.J.  (6 pages)

            Isidro Ramirez appeals the summary dismissal of his fourth application for postconviction relief.  OPINION HOLDS: Because his application is well outside the statute of limitations and does not meet the criteria of the relation-back exception set out in Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), we affirm the ruling of the district court.  SPECIAL CONCURRENCE ASSERTS: Dismissal was also appropriate because Allison v. State does not apply to a fourth postconviction-relief application.

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