A proceeding is commenced by filing an application verified by the applicant with the clerk
of the district court in which the conviction or sentence took place. However, if the applicant
is seeking relief under section 822.2, subsection 1, paragraph “f”, the application shall be
filed with the clerk of the district court of the county in which the applicant is being confined
within ninety days from the date the disciplinary decision is final. All other 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.
For purposes of this section, a ground of fact includes the results of DNA profiling ordered
pursuant to an application filed under section 81.10. An 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. Facts within the personal knowledge of the applicant and the authenticity
of all documents and exhibits included in or attached to the application must be sworn to
affirmatively as true and correct. The supreme court may prescribe the form of the application
and verification. The clerk shall docket the application upon its receipt and promptly bring it
to the attention of the court and deliver a copy to the county attorney and the attorney general.
[C71, 73, 75, 77, 79, 81, §663A.3]
84 Acts, ch 1193, §1; 89 Acts, ch 96, §1
C93, §822.3
2006 Acts, ch 1010, §163; 2019 Acts, ch 140, §34; 2019 Acts, ch 149, §8
Referred to in §602.8102(115), 822.4
\n
Notes of Decisions
Brian K. Allison v. State of iowa, 914 N.W.2d 866 (Iowa 2018).
· cites it 10× “Iowa Code § 822.3 . Section 822.5 provides a right to assistance of PCR counsel, which we have held logically implies a right to effective assistance of PCR counsel.”
Jacob Lee Schmidt v. State of Iowa, 909 N.W.2d 778 (Iowa 2018).
· cites it 6× “Iowa Code § 822.3 . Thus, to avoid the three-year statute of limitations contained in section 822.”
Harrington v. State, 659 N.W.2d 509 (Iowa 2003).
· cites it 6× “See Iowa Code § 822.3 (1999) (imposing a three-year statute of limitations on postconviction relief actions).”
Pace v. DiGuglielmo, 544 U.S. 408 (2005).
· cites it 2× “2004) (allowing for late filings when petitioner can show that delay was not due to negligence and excepting entirely from the limitations period any "claim of actual innocence"); Iowa Code § 822.3 (2003) (exception for any "ground of fact or law that could not have been raised…”
Phuoc Nguyen v. State of Iowa, 878 N.W.2d 744 (Iowa 2016).
· cites it 2× “” Iowa Code § 822.3 (2009). Nguyen acknowledged that Goosman foreclosed an argument under the Federal Due Process Clause.”
Christopher Martin v. John Fayram, 849 F.3d 691 (8th Cir. 2017).
· cites it 2× “See Iowa Code § 822.3 . Martin moved for state postconviction relief long before those three years expired, but by the time he did so, 343 of his 365 days to file a habeas petition in federal court had passed.”
Roger B. Ennenga v. State of Iowa, 812 N.W.2d 696 (Iowa 2012).
· cites it 2× “” See Iowa Code § 822.3 (requiring all PCR applications be filed within three years from the date of the conviction or final decision, or in the event of an appeal, three years from when procedendo is issued).”
Sergio Perez v. State of Iowa, 816 N.W.2d 354 (Iowa 2012).
· cites it 2× “In short, Perez’s claim cannot go forward because either it may not be raised retroactively or it is barred by the statute of limitations.”
Dible v. State, 557 N.W.2d 881 (Iowa 1996).
· cites it 4× “" See Iowa Code § 822.3 (1995). The district court rejected this argument and dismissed Dible's second application for postconviction relief.”
Deandre D. Goode v. State of Iowa, 920 N.W.2d 520 (Iowa 2018).
“applications [for postconviction relief] 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.”
Martin Shane Moon v. State of Iowa, 911 N.W.2d 137 (Iowa 2018).
“Iowa Code § 822.3 . The Code provides in relevant part that such 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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.