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Case No. 20-0884

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

Robert Davis
v.
State of Iowa

Appellant

Robert Davis

Appellee

State of Iowa

Attorney for the Appellant

Alexander Smith

Attorney for the Appellee

Martha Trout, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0884
Date Published:
Oct 06, 2021
Summary

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (5 pages)

            Robert Davis appeals from the summary dismissal of his third application for postconviction relief (PCR) following his 2008 convictions of two counts of second-degree sexual abuse and four counts of third-degree sexual abuse.  On appeal, Davis argues summary dismissal of his third PCR application was not appropriate because he needed trial to develop his Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018) claims.  In the alternative, Davis argues the district court should have considered the merits of his claims because the three-year statute of limitations on PCR actions is an unconstitutional suspension of habeas corpus.  OPINION HOLDS: We have repeatedly held third PCR applications do not fall within the narrow exception outlined in Allison and binding supreme court precedent establishes the three-year statute of limitations is not an unconstitutional suspension of habeas corpus.  We affirm.

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