Phuoc Thanh Nguyen v. State of Iowa

MANSFIELD, Justice.

An individual convicted of first-degree murder sought postconviction relief after the three-year statute of limitations set forth in Iowa Code section 822.3 (2009) had expired, but within three years of our decision in State v. Heemstra, 721 N.W.2d 549 (2006). The gist of his argument is that it would be unconstitutional not to apply Heemstra retroactively to his case.

The State moved for summary disposition based on the three-year statute of limitations. The district court granted the motion. We now reverse because the applicant has raised “a ground of fact or law that…