Legal Opinion · Dissent

Brian K. Allison v. State of iowa

Supreme Court of Iowa

Decided June 29, 2018No. 16-0764Published

1Dissent

WATERMAN, Justice (dissenting).

I respectfully dissent and would affirm the decision of the court of appeals and judgment of the district court that correctly dismissed Brian Allison's untimely second petition for postconviction relief (PCR) challenging his convictions for sexually abusing his young stepdaughter. This case presents a question of statutory interpretation of Iowa Code section 822.3 (2015)-whether ineffective assistance of PCR counsel falls within an exception to the three-year statute of limitations. We correctly answered "no" to that question over two decades ago in Dible v.…

2Cases cited28 opinions

  1. Patricia D. Rush v. McDonald Corporation, Sharon Funston, and William R. RoseCourt of Appeals for the Seventh Circuit · 1992
  2. Harrington v. StateSupreme Court of Iowa · 2003
  3. Jacob Lee Schmidt v. State of IowaSupreme Court of Iowa · 2018
  4. Commonwealth v. PursellSupreme Court of Pennsylvania · 2000
  5. Daniel Lado v. State of IowaSupreme Court of Iowa · 2011

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