Brandon Daniel Ruiz
v.
State of Iowa
Brandon Ruiz appealed the dismissal of his second application for postconviction relief as time barred pursuant to Iowa Code section 822.3. Ruiz urged the court to adopt equitable tolling for postconviction relief actions and, alternatively, claimed he is entitled to relief because his postconviction counsel failed to submit any filings on his behalf in the district court. The court of appeals affirmed the dismissal of Ruiz’s application for postconviction relief. Ruiz seeks further review.
Applicant
Brandon Daniel Ruiz
Resister
State of Iowa
Attorney for the Applicant
Jessica Donels
Attorney for the Resister
Louis S. Sloven
Supreme Court
Oral Argument Schedule
15-15-5
Feb 19, 2025 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Tamra J. Roberts, Judge. AFFIRMED. Considered by Tabor, C.J., and Greer and Schumacher, JJ. Opinion by Greer, J. Dissent by Tabor, C.J. (10 pages)
Brandon Ruiz appeals the dismissal of his second application for postconviction relief (PCR). He asks us to adopt equitable tolling and, alternatively, claims he is entitled to relief because counsel for this PCR action failed to submit any filings on his behalf in the district court, resulting in the dismissal of his case. OPINION HOLDS: We affirm the dismissal of Ruiz’s second PCR application. DISSENT ASSERTS: Because I believe that Ruiz was denied his right to effective assistance of postconviction counsel, I respectfully dissent.