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Case No. 20-1002

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

Owens Thompson
v.
State of Iowa

Appellant

Owens Thompson

Appellee

State of Iowa

Attorneys for Appellant

Christopher Kragnes, Sr.

Attorneys for Appellee

Linda J. Hines, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1002
Date Published:
Apr 27, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            More than twenty years after a jury first convicted Owens Thompson of first-degree murder, Thompson brought this—his third—application for postconviction relief (PCR).  The district court summarily dismissed the application for being time-barred.  Thompson appeals, arguing Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), allows him to bring this action and requires the court to provide him an evidentiary hearing to develop his claim of ineffective assistance of counsel.  OPINION HOLDS: Because Allison does not apply to save his application from being time-barred by Iowa Code section 822.3 (2019), we agree with the district court’s summary dismissal of Thompson’s third PCR application.

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