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Case No. 20-1652

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

Lance Capree Brooks
v.
State of Iowa

Appellant

Lance Capree Brooks

Appellee

State of Iowa

Attorneys for Appellant

Christopher A. Clausen

Attorneys for Appellee

Tyler J. Buller, Assistant Attorney General

Supreme Court

Oral Argument Schedule

Non-Oral

Supreme Court Opinion

Summary

    

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1652
Date Published:
Mar 30, 2022
Summary

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Lance Brooks appeals the dismissal of his second application for postconviction relief.  Brooks admits he filed this application after the three-year statute of limitations under Iowa Code section 822.3 (2020) had expired.  But he claims that his action is saved by the relation-back doctrine in Allison v. State, 914 N.W.2d 866 (Iowa 2018).  OPINION HOLDS: Because our legislature amended section 822.3 to abrogate Allison, Brooks is left without a lifeline.  Thus, we affirm the dismissal of his untimely application.

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