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Case No. 21-1427

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

Harlan J. Mott Jr.
v.
State of Iowa

Appellant

Harlan J. Mott Jr.

Appellee

State of Iowa

Attorney for the Appellant

Cathleen J. Siebrecht

Attorney for the Appellee

Darrel Mullins, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1427
Date Published:
Mar 29, 2023
Summary

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (4 pages)

            Harlem Mott appeals the dismissal of his application for postconviction relief as untimely.  He argues his appeal is timely under Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018) or the doctrine of equitable tolling.  In the alternative, he argues the time limit is unconstitutional.  OPINION HOLDS: Because Allison has been abrogated by statute, our state has not adopted the doctrine of equitable tolling, and Mott did not preserve error as to his constitutional challenge, we affirm.

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