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Case No. 20-1622

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

Jesse Raymond Neitzel
v.
State of Iowa

Appellant

Jesse Raymond Neitzel

Appellee

State of Iowa

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Attorney for the Appellee

Louis S. Sloven, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1622
Date Published:
Nov 23, 2021
Summary

            Appeal from the Iowa District Court for Carroll County, Adria A.D. Kester, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            Jesse Neitzel appeals the district court’s denial of his fifth postconviction-relief application, arguing: (1) the court erred in failing to grant him an exception to the three-year time bar in Iowa Code section 822.3 (2020), (2) the amendment to Iowa Code section 822.3 abrogating Allison v. State, 914 N.W.2d 866 (Iowa 2018) is unconstitutional, and (3) postconviction trial counsel was ineffective in failing to present facts to support his actual innocence claim.  OPINION HOLDS: The district court did not err in granting the State’s motion for summary disposition.

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