State of Iowa v. Thomas Edward Olsen

APPEL, Justice.

In this case, we address whether our decision in State v. Dudley, 766 N.W.2d 606 (Iowa 2009), may be retroactively applied to cases time barred from review. For the reasons stated below, we conclude that a time-barred appellant may not receive the benefit of retroactive application of Dudley under the circumstances presented in this case.

I. Factual and Procedural Background.

In November 2008, the State charged Thomas Olsen with domestic abuse. Olsen — who was indigent — applied for, and received, court-appointed counsel pursuant to Iowa Code sections 815.9 and 815.10 (2009). A…