Wilkins v. State, 522 N.W.2d 822 (Iowa 1994). · Go Syfert
Wilkins v. State, 522 N.W.2d 822 (Iowa 1994). Cases Citing This Book View Copy Cite
“wilkins labels his claim ineffective-assistance-of-postconviction- counsel in the hope that the court will reach the merits of his contention that his trial counsel was ineffective. however, his claims neither involve new evidence nor are they new legal claims.”
120 citation events (92 in the last 25 years) across 3 distinct courts.
Strongest positive: Jeffery Wheeldon v. State of Iowa (iowactapp, 2018-12-19)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Jeffery Wheeldon v. State of Iowa
Iowa Ct. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a reasonable interpretation of the statute compels the conclusion that exceptions to the time bar would be, for example, newly-discovered evidence or a ground that the applicant was at least not alerted to in some way.
discussed Cited as authority (verbatim quote) Charles Watkins, Applicant-Appellant v. State of Iowa (2×) also: Cited "see"
Iowa Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
a reasonable interpretation of the statute compels the conclusion that exceptions to the time bar would be, for example, . . . a ground that the applicant was at least not alerted to in some way.
examined Cited as authority (verbatim quote) Dewayne Campbell, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence high
wilkins labels his claim ineffective-assistance-of-postconviction- counsel in the hope that the court will reach the merits of his contention that his trial counsel was ineffective. however, his claims neither involve new evidence nor are they new legal claims.
cited Cited as authority (rule) Tiamo Leroy Blackcloud v. State of Iowa
Iowa Ct. App. · 2023 · confidence medium
Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited as authority (rule) Shiro Edward Remeliik v. State of Iowa
Iowa Ct. App. · 2022 · confidence medium
“In other words, the exception applies to situations in which there ‘would be no opportunity to test the validity of the conviction in relation to [the ground of fact or law that allegedly could not have been raised within the time period].’” Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (alteration in original) (citation omitted).
discussed Cited as authority (rule) Ricky Joe Blodgett v. State of Iowa
Iowa Ct. App. · 2021 · confidence medium
Blodgett asserts his current PCR action began with his pro se document filed January 29, 2018. 3 “claims that ‘could not’ have been previously raised because they were not available.” Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited as authority (rule) Perry Andrew Fischer v. State of Iowa
Iowa Ct. App. · 2019 · confidence medium
The exception is “for untimely filed applications if they are based on claims that ‘could not’ have been previously 4 raised because they were not available,” such as “newly-discovered evidence or a ground that the applicant was at least not alerted to in some way.” Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
examined Cited as authority (rule) Jacob Lee Schmidt v. State of Iowa (3×)
Iowa · 2018 · confidence medium
The three-year time-bar “limit[s] postconviction litigation in order to conserve judicial resources, promote substantive goals of the criminal law, foster rehabilitation, and restore a sense of repose in our system of justice.” Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (quoting State v. Edman, 444 N.W.2d 103, 106 (Iowa Ct. App. 1989)).
discussed Cited as authority (rule) James Dean Raymond, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2017 · confidence medium
Smith v. State, 542 N.W.2d 853, 854 (Iowa Ct. App. 1995) (“[A]n applicant for postconviction relief cannot circumvent the effect of the three-year time bar by merely claiming the ineffective assistance of postconviction counsel.” (citing Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994))).
discussed Cited as authority (rule) Eric Bonita Peppers, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2017 · confidence medium
The ruling was consistent with Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (“Section 822.3 creates an exception for untimely filed applications if they are based on claims that ‘could not’ have been previously raised because they were not available.
discussed Cited as authority (rule) Kevin Cleveland Jordan, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2017 · confidence medium
Jordan states he “is not attempting to argue whether [his claims] will prove meritorious, merely that [they] were dismissed for the wrong reason.” Specifically, Jordan asks us to “overrule” Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994), and Smith v. State, 542 N.W.2d 853, 854 (Iowa Ct. App. 1995) (applying Wilkins), to allow “appellate review of second postconviction cases for applicants whose first postconviction cases happened to take less than three years.” We are not at liberty to overturn Iowa Supreme Court precedent.
discussed Cited as authority (rule) Napoleon Hartsfield, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2016 · confidence medium
As procedendo issued in February 2003, and Hartsfield did not institute the current PCR action until 2010, this matter is clearly untimely under section 822.3. “[I]neffective assistance of counsel does not provide an exception to the limitation period set forth in section 822.3.” Bergantzel v. State, No. 15-1273, 2016 WL 2745065 , at *2 (Iowa Ct. App. May 11, 2016) (citing Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994)); see also Jackson v. State, No. 12-1496, 2013 WL 4505114 , at *2 (Iowa Ct. App. Aug. 21, 2013) (“Our courts have repeatedly held that ‘an application for postconvict…
discussed Cited as authority (rule) Jimmy Dean Stevens, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2016 · confidence medium
To be considered a ground of law that could not have been raised, there needs to be “a change in the law that would affect the validity of the conviction.” State v. Edman, 444 N.W.2d 103, 106 (Iowa Ct. App. 1989). “[T]he exception applies to situations in which there ‘would be no opportunity to test the validity of the conviction in relation to [the ground of fact or law that allegedly could not have been raised within the time period].’” Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (second alternation in original).
discussed Cited as authority (rule) Bobby Ray Woodberry, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2016 · confidence medium
Allowing Woodberry to recast his petition would not remedy the timeliness issue. “[A]n applicant for [PCR] cannot circumvent the effect of the three-year time bar by merely claiming the ineffective assistance of [PCR] counsel.” Smith v. State, 542 N.W.2d 853, 854 (Iowa Ct. App. 1995) (citing Wilkins v. State, 522 N.W.2d 822, 823 (Iowa 1994)).
discussed Cited as authority (rule) Donald Dockery, Applicant-Appellant v. State of Iowa (2×) also: Cited "see, e.g."
Iowa Ct. App. · 2016 · confidence medium
Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited as authority (rule) Daniel Frederick King II, Applicant-Appellant v. State of Iowa (2×) also: Cited "see"
Iowa Ct. App. · 2015 · confidence medium
State v. Wilkins, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited as authority (rule) Darryl Washington, Applicant-Appellant v. State of Iowa (2×) also: Cited "see"
Iowa Ct. App. · 2015 · confidence medium
State v. Wilkins, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited as authority (rule) Jason Alan Carlton, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2014 · confidence medium
See, e.g., Harrington v. State, 659 N.W.2d 509, 520 (Iowa 2003); Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994); Davis v. State, 443 N.W.2d 707, 709-10 (Iowa 1989); Fuhrmann v. State, 433 N.W.2d 720, 723 (Iowa 1988).
cited Cited as authority (rule) Richard Allen Heien, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2014 · confidence medium
Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (citation omitted).
discussed Cited as authority (rule) Odell Everett Jr., Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2014 · confidence medium
See Whitsel v. State, 525 N.W.2d 860 (Iowa 1994) (stating ineffective assistance of counsel does not “constitute a claim that ‘could not have been raised with the applicable time period’ under section 822.3.”); Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (noting Wilkins had three opportunities to raise ineffectiveness of trial counsel and could not use claim to circumvent time bar.); see also Dible v. State, 557 N.W.2d 881, 885 (Iowa 1996) (“If the legislature had intended that ineffective assistance of counsel serve as an exception to the statute of limitations, it would have …
cited Cited as authority (rule) Anthony Brown, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2014 · confidence medium
Wilkens v. State, 522 N.W.2d. 822, 824 (Iowa 1994).
discussed Cited as authority (rule) Eric Mel Thompson, Applicant-Appellant v. State of Iowa (2×)
Iowa Ct. App. · 2014 · confidence medium
Our review of the district court’s application of this code section “is to correct errors of law.” Wilkins v. State, 522 N.W.2d 822, 823 (Iowa 1994).
cited Cited as authority (rule) Pablo Benavidez, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2014 · confidence medium
Wilkins v. State, 522 N.W.2d 822, 823 (Iowa 1994).
cited Cited as authority (rule) Phuoc Thanh Nguyen v. State of Iowa
Iowa · 2013 · confidence medium
The State urges at one point that section 822.3 bars any claim the defendant “should have at least been alerted to.” See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited as authority (rule) Sergio Perez v. State of Iowa
Iowa · 2012 · confidence medium
“A reasonable interpretation of the statute compels the conclusion that exceptions to the time bar would be, for example, newly-discovered evidence or a ground that the applicant was at least not alerted to in some way.” Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
cited Cited as authority (rule) State v. Anderson
Iowa · 2001 · confidence medium
Wilkins v. State, 522 N.W.2d 822, 823 (Iowa 1994).
cited Cited as authority (rule) Grinols v. State
Alaska Ct. App. · 2000 · confidence medium
See Pizzuto v. State, 127 Idaho 469 , 903 P.2d 58, 61 (1995); Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994). 73 .
cited Cited as authority (rule) Iowa Comprehensive Petroleum Underground Storage Tank Fund Board v. Mobil Oil Corp.
Iowa · 2000 · confidence medium
Wilkins v. State, 522 N.W.2d 822, 823 (Iowa 1994).
discussed Cited as authority (rule) Smith v. State (2×)
Iowa Ct. App. · 1995 · confidence medium
Wilkins v. State, 522 N.W.2d 822, 823 (Iowa 1994).
discussed Cited as authority (rule) Whitsel v. State (2×) also: Cited "see"
Iowa · 1994 · confidence medium
Wilkins v. State, 522 N.W.2d 822, 823 (Iowa 1994).
cited Cited as authority (rule) Cornell v. State
Iowa Ct. App. · 1994 · confidence medium
Wilkens v. State, 522 N.W.2d 822, 823-24 (Iowa 1994) (citing Edman, 444 N.W.2d at 106 ).
discussed Cited "see" Roberto Villasenor v. State of Iowa
Iowa Ct. App. · 2022 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (lowa 1994) (noting this exception allows the court to consider “untimely filed applications if they are based on claims that ‘could not’ have been previously raised because they were not available” and concluding “Wilkins cannot assert ignorance of the claim because he should have at least been alerted to trial counsel’s failure to raise the shirt issue”).
cited Cited "see" Mohamed Hassan Ali v. State of Iowa
Iowa Ct. App. · 2022 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited "see" Euric Abray Fountain v. State of Iowa
Iowa Ct. App. · 2019 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (noting exception is limited to “a ground that the applicant was at least not alerted to in some way”).
discussed Cited "see" Troy Alan Hartson v. State of Iowa
Iowa Ct. App. · 2019 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (noting exception is limited to “a ground that the applicant was at least not alerted to in some way”).
cited Cited "see" Armstrong v. State
Iowa Ct. App. · 2017 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited "see" Danny Ray Long, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2017 · signal: see · confidence high
See State v. Wilkins, 522 N.W.2d 822, 824 (Iowa 1994) (rejecting applicant’s attempt to label his claim an ineffective-assistance-of- counsel claim “in the hope that the court will reach the merits”); Smith v. State, 542 N.W.2d 853, 854 (Iowa Ct. App. 1995) (stating applicant could not “circumvent the three-year time-bar by claiming ineffective assistance of postconviction counsel”).
discussed Cited "see" David Lee Tomlinson Jr., Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2016 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (holding claims of ineffective assistance are not an exception to the time limit of section 822.3); see also Holmes v. State, No. 02-1100, 2004 WL 893338 , at *3 (Iowa Ct. App. Apr. 28, 2004) (“It is the failure to raise the issue in a timely manner that results in the 3 statute of limitations running.
discussed Cited "see" George Prentiss III, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2016 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (noting the applicant “label[ed] his claim ineffective-assistance-of-postconviction-counsel in the hope that the court [would] reach the merits of his contention that his trial counsel was 3 ineffective” and concluding “his claims neither involve[d] new evidence nor [we]re they new legal claims”); Jackson v. State, No. 12-1496, 2013 WL 4505114 , at *2 (Iowa Ct. App. Aug. 21, 2013) (“Our courts have repeatedly held that ‘an applicant for postconviction relief cannot circumvent the effect of the three-year time bar by merely claim…
examined Cited "see" Pedro Perez-Fuentes, Applicant-Appellant v. State of Iowa (3×)
Iowa Ct. App. · 2016 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (holding that an applicant for PCR cannot circumvent the effect of the three-year time-bar by merely claiming the ineffective assistance of postconviction counsel because section 822.3 “creates an exception for untimely filed application if they are based on claims that ‘could not’ have been previously raised because they were not available”).
cited Cited "see" Jense Allan Bergantzel, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2016 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited "see" Ronald Eugene Holdsworth, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2015 · signal: see · confidence high
See Wilkins v. Wilkins, 522 N.W.2d 822, 824 (Iowa 1994) (stating the exception provided in section 822.3 is based on claims that “could not” be raised because they were unavailable); State v. Edman, 444 N.W.2d 103, 106 (Iowa Ct. App. 1989) (rejecting a PCR applicant’s claim “he was unable to bring the claim until he did because he did not know about the statute until then, and that such lack of knowledge was because of ineffective assistance of [trial] counsel” and noting “lack of knowledge is not provided as a ground for exception from the effects of the statute of limitations”)…
cited Cited "see" Shawn James, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2014 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994); Smith v. State, 542 N.W.2d 853, 854 (Iowa Ct.App.1995).
cited Cited "see" Schrier v. State
Iowa · 1997 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822 (Iowa 1994); Fuhrmann v. State, 433 N.W.2d 720 (Iowa 1988).
discussed Cited "see" Dible v. State (2×)
Iowa · 1996 · signal: see · confidence high
See Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited "see, e.g." Dewann Marquis Stone v. State of Iowa
Iowa Ct. App. · 2024 · signal: see also · confidence medium
This application is more than a decade past the three-year statute of limitations, and the General Assembly has made clear “[a]n allegation of ineffective assistance of counsel in a prior case under this chapter shall not toll or extend the limitation periods in this section nor shall such claim relate back to a prior filing to avoid the application of the limitation periods.” Id.; see also Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (holding ineffective assistance is not a new ground of fact or law).
discussed Cited "see, e.g." Anthony Quinn v. State of Iowa
Iowa Ct. App. · 2022 · signal: see also · confidence medium
App. P. 6.903(2)(g)(3). 5 N.W.2d 509 , 520 (Iowa 2003); see also Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994) (stating that, in essence, this exception allows the court to consider “untimely filed applications if they are based on claims that ‘could not’ have been previously raised because they were unavailable”).
discussed Cited "see, e.g." Kenneth Lee Frei, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2017 · signal: see also · confidence medium
Our legislature has provided to convicted criminals a statutory remedy for obtaining PCR, but it chose to limit the time frame for pursuing that remedy to three years, except where the applicant asserts “a ground of fact or law that could not have been raised within the applicable time period.” Iowa Code 5 § 822.3; see also Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
discussed Cited "see, e.g." Raymond Lee Thomas Jr., Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2017 · signal: see also · confidence medium
Thomas cannot “circumvent the three-year time-bar by claiming ineffective assistance of postconviction counsel.” Smith v. State, 542 N.W.2d 853, 854 (Iowa Ct. App. 1995); see also State v. Wilkins, 522 N.W.2d 822, 824 (Iowa 1994) (rejecting 4 applicant’s attempt to label his claim an ineffective-assistance-of-counsel “in the hope that the court will reach the merits”).
discussed Cited "see, e.g." Joseph Houston, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2015 · signal: see also · confidence medium
There is only one exception to the three-year limitation period in section 822.3, “this limitation does not apply to a ground of fact or law that could not have 4 been raised within the applicable time period.” See id.; see also Wilkins v. State, 522 N.W.2d 822, 824 (Iowa 1994).
Retrieving the full opinion text from the archive…
Delbert E. WILKINS, Appellee,
v.
STATE of Iowa, Appellant
93-1248.
Supreme Court of Iowa.
Oct 19, 1994.
522 N.W.2d 822
Bonnie J. Campbell, Atty. Gen., Thomas G. Fisher, Jr., Asst. Atty. Gen., and William H. Appel, County Atty., for appellant., Kirk A. Daily, Webber, Gaumer, Emanuel & Daily, P.C., Ottumwa, for appellee.
McGiverin, Lavorato, Neuman, Andreasen, Ternus.
Cited by 58 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: Court of Appeals of Iowa (1)
PER CURIAM.

The State was granted permission to appeal from a denial of its motion for summary disposition of Delbert Wilkins’ second application for postconviction relief. The State contends Wilkins’ application is time barred under Iowa Code section 822.3 (1993). We reverse the district court order and remand for summary disposition.

Wilkins has filed a second application for postconviction relief dated April 19, 1993. This application comes nine years after pro-cedendo issued on his appeal affirming his conviction for first-degree murder. During that time he unsuccessfully pursued a first application for postconviction relief and a writ .of habeas corpus in federal district court. He now claims he was denied effective assistance of first posteonvietion counsel.

In particular, Wilkins contends his appellate counsel was ineffective for failing to raise trial counsel’s ineffectiveness and first postconviction counsel was ineffective for failing to raise trial and appellate counsel’s ineffectiveness. Wilkins’ claim essentially targets the failure of trial counsel to raise an issue involving the victim’s shirt. Wilkins asserts that if the shirt had been preserved, and tested for powder burns, it would have supported his theory of self-defense by proving the victim was shot at close range and not from a distance. He also argues the absence of the shirt evidence provided the State with an improper presumption and inference that the fatal shot was fired from a distance.

The State argues Wilkins’ application is time barred pursuant to Iowa Code section 822.3. Wilkins responds that his claim of ineffectiveness-of-first-posteonviction-relief counsel could not have been raised within the three-year time limit of section 822.3 and is thus an exception to the time bar.

In considering statutory questions our review is to correct errors of law. State v. Stanford, 474 N.W.2d 573, 575 (Iowa 1991). To construe a statute, we examine both the language used and the purpose for which the legislation was enacted. State v. Edman, 444 N.W.2d 103, 106 (Iowa App.1989). A statute should be given a sensible, practical, workable and logical construction. Id.

Iowa Code section 822.3 (1993) provides:

[Applications must be filed within three years from the date the conviction or decision is final or, in the event of an appeal, from the date the writ of procedendo is issued. However, this limitation does not apply to a ground of fact or law that could not have been raised within the applicable time period.

(Emphasis added.) Wilkins contends his claim comes within the exception to the time bar and cites Odem v. State, 483 N.W.2d 17 (Iowa App.1992), to support his argument. That case interpreted section 822.8 which provides:

Any ground finally adjudicated or not raised [in] the proceeding that resulted in the conviction or sentence, or in any other proceeding [to] secure relief, may not be the basis for a subsequent application, unless the court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application.

(Emphasis added.) Odem held ineffective assistance of counsel constitutes “sufficient reason” for failure to raise an issue in an earlier trial or direct appeal. Odem, 483 N.W.2d at 19.

[*824] We believe Odem is inapplicable to our analysis because an essential distinction exists between sections 822.8 and 822.3. Whereas the language of section 822.8 presumes a timely filed application for postcon-vietion relief and the prior availability of a claim, the language of section 822.3 clearly does not. Section 822.3 creates an exception for untimely filed applications if they are based on claims that “could not” have been previously raised because they were not available. In other words, the exception applies to situations in which there “would be no opportunity to test the validity of the conviction in relation to [the ground of fact or law that allegedly could not have been raised within the time period].” Edman, 444 N.W.2d at 106. A reasonable interpretation of the statute compels the conclusion that exceptions to the time bar would be, for example, newly-discovered evidence or a ground that the applicant was at least not alerted to in some way. Hogan v. State, 454 N.W.2d 360, 361 (Iowa 1990).

Wilkins labels his claim ineffective-assistance-of-posteonviction-counsel in the hope that the court will reach the merits of his contention that his trial counsel was ineffective. However, his claims neither involve new evidence nor are they new legal claims. Wilkins had three opportunities to claim ineffectiveness of trial counsel before the time bar became enforceable against him. He could have raised it on appeal, in his postcon-viction action, and on appeal from denial of postconviction relief. Wilkins cannot assert ignorance of the claim because he should have at least been alerted to trial counsel’s failure to raise the shirt issue and appellate and postconviction counsels’ failure to raise ineffectiveness claims. See Younger v. State, 580 A.2d 552 (Del.1990) (Younger’s present contention of ineffectiveness was available and was known, or should have been known, to him within the time limitation) (emphasis added); Fuhrmann v. State, 433 N.W.2d 720, 723 (Iowa 1988) (if matters raised in untimely postconviction application were not raised due to ineffective assistance of appellate counsel or failure to preserve error at trial, ineffective assistance could also have been raised within the time limitation).

We are aware of one jurisdiction that has addressed this particular issue. The Delaware courts have routinely held a claim of ineffective assistance of counsel is not sufficient to meet the “miscarriage of justice” exception to their three-year time limitation for a postconviction relief application. See Johnson v. Ellingsworth, 783 F.Supp. 215, 220 (D.Del.1992); Del.Super.Ct.Crim.R. 61(i)(1) and 61(i)(5).

We hold Wilkins’ second postconviction application is time barred under section 822.3. We find this interpretation of the section based on the above discussion best promotes legislative intent “to limit postconviction litigation in order to conserve judicial resources, promote substantive goals of the criminal law, foster rehabilitation, and restore a sense of repose in our system of justice.” See Edman, 444 N.W.2d at 106.

We reverse the district court ruling and remand this ease for summary disposition.

DISTRICT COURT ORDER REVERSED; CASE REMANDED FOR SUMMARY DISPOSITION.