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State of Iowa
State of Iowa
Attorney for the Appellant
David Hering, self-represented
Attorney for the Appellee
Darrel Mullins, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Muscatine County, John Telleen, Judge. AFFIRMED. Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J. Opinion by Mullins, S.J. (7 pages)
David Hering appeals the dismissal of his third application for postconviction relief (PCR) as untimely. He essentially argues (1) his actual-innocence claim serves as a new ground of fact excepting him from the statute of limitations contained in Iowa Code section 822.3 (2018); (2) the statute of limitations violates equal protection; (3) ineffective assistance of prior PCR counsel should completely override the statute of limitations; (4) he presented new grounds of law excepting him from the statute of limitations; (5) the PCR court erred or abused its discretion by not ruling on claims he raised pro se while represented by counsel; and (6) his PCR counsel was ineffective in failing to raise meritorious arguments and ensure they were preserved for appeal. OPINION HOLDS: Finding no cause for reversal on the issues properly preserved and presented for our review, we affirm.