Wilkins v. State

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…