green
Positive treatment
Issue: equitable tolling doctrineIA ↗
Issue: three-year time barIA ↗
19.7 score
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Joshua Frank McCoy v. State of Iowa
Since this amendment, our courts have declined to apply any type of equitable tolling to avoid the time-bar in section 822.3, regardless, McCoy now argues either that section 822.3 did not abrogate Allison or the statute is unconstitutional following the addition of the language prohibiting equitable tolling.3 Essentially, he asks us 2 James v. State, 858 N.W.2d 32, 33 (Iowa Ct. App. 2014); McCullough v. State, No. 17-0434, 2018 WL 346463 , at *1 (Iowa Ct. App. Jan. 10, 2018); Long v. State, No. 16-1220, 2017 WL 2684345 , at *2 (Iowa Ct. App. June 21, 2017); Harrington v. State, No. 16-0953, 2…
discussed
Cited as authority (rule)
Larry Lee Smith v. State of Iowa
AFFIRMED. 2 See, e.g., McCullough v. State, No. 17-0434, 2018 WL 346463 , at *1 (Iowa Ct. App. Jan. 10, 2018); Long v. State, No. 16-1220, 2017 WL 2684345 , at *2 (Iowa Ct. App. June 21, 2017), further review denied (July 18, 2018); Harrington v. State, No. 16-0953, 2017 WL 2684340 , at *1 (Iowa Ct. App. June 21, 2017), further review denied (July 18, 2018); Perdue v. State, No. 15-1237, 2016 WL 4036173 , at *1 (Iowa Ct. App. July 27, 2016); Weatherly v. State, No. 15-0681, 2016 WL 1366827 , at *1 (Iowa Ct. App. Apr. 6, 2016); James v. State, 858 N.W.2d 32, 33 (Iowa Ct. App. 2014); Everett v. …
discussed
Cited as authority (rule)
Euric Abray Fountain v. State of Iowa
Compare Dible v. State, 557 N.W.2d 881, 886 (Iowa 1996) (holding ineffective assistance of PCR counsel “cannot serve as an exception to the three-year statute of limitations”), abrogated on other grounds by Harrington v. State, 659 N.W.2d 509, 520 (Iowa 2003), with Allison, 914 N.W.2d at 891 (allowing a claim of ineffective assistance of PCR counsel to be excepted from statute of limitations if “filed promptly after the conclusion of the first PCR action” (emphasis added)).9 2017); Perdue v. State, No. 15-1237, 2016 WL 4036173 , at *1 (Iowa Ct. App. July 27, 2016); Weatherly v. State, …
discussed
Cited as authority (rule)
Larimer v. State
See James v. State, 858 N.W.2d 32, 33 (Iowa Ct. App. 2014) (noting we have not applied the equitable tolling doctrine to avoid the three-year time bar found in Iowa Code section 822.3); see also McCullough v. State, No. 17-0434, 2018 WL 346463 , at *1 (Iowa Ct. App. Jan. 10, 2018) (same); Long v. State, No. 16-1220, 2017 WL 2684345 , at *2 (Iowa Ct. App. June 21, 2017) (same); Harrington v. State, No. 16-0953, 2017 WL 2684340 , at *1 (Iowa Ct. App. June 21, 2017) (same); Perdue v. State, No. 15-1237, 2016 WL 4036173 , at *1 (Iowa Ct. App. July 27, 2016) (same); Weatherly v. State, No. 15-0681,…
discussed
Cited as authority (rule)
Lawrence Perdue II, Applicant-Appellant v. State of Iowa
See James v. State, 858 N.W.2d 32, 33 (Iowa Ct. App. 2014) (noting we have not applied the equitable tolling doctrine to avoid the three-year time-bar found in Iowa Code section 822.3); see also Weatherly v. State, No. 15-0681, 2016 WL 1366827 , at *1 (Iowa Ct. App. Apr. 6, 2016) (same); Everett v. State, No. 12-1032, 2014 WL 3749338 , at *2 (Iowa Ct. App. July 30, 2014) (same); Majors v. State, No. 12-1090, 2013 WL 2637599 , at *5 (Iowa Ct. App. June 12, 2013) (same); Fagan v. State, No. 10- 0739, 2012 WL 3854635 , at *1 (Iowa Ct. App. Sept. 6, 2012) (same); Rieflin v. State, No. 11-1044, 201…
Retrieving the full opinion text from the archive…
STRINGER
v.
STATE.
v.
STATE.
08-0188.
Court of Appeals of Iowa.
Dec 17, 2008.
Cited by 7 opinions | Published
Decision without published opinion. Affirmed.