This decision has been referenced in a "Decisions Without Published Opinions" table in the North Western Reporter.
Appeal from the Iowa District Court for Black Hawk County, Jon C. Fister, Judge. Dewayne Campbell appeals the dismissal of his second postconviction relief application.
John J. Bishop, Cedar Rapids, for appellant.
Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Michelle Wagner, Assistant County Attorney, for appellee State.
Considered by Danilson, C.J., and Vaitheswaran and Potterfield, JJ.
We must decide whether a postconviction relief application is time-barred.
I. Background Proceedings
In 2004, a Black Hawk County jury found Dewayne Campbell guilty of first-degree robbery. This court affirmed his conviction. State v. Campbell, No. 04-1809, 2005 WL 3298971, at *4-6 (Iowa Ct. App. Dec. 7, 2005). Procedendo issued in January 2006.
Campbell filed a postconviction relief application raising issues of prosecutorial misconduct. The district court found that Campbell's trial attorney breached an essential duty in failing to object to certain prosecutorial assertions but concluded Campbell did not suffer Strickland prejudice. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (holding that to prove a claim of ineffective assistance of counsel, a claimant must establish a breach of an essential duty and prejudice).
On appeal, Campbell's attorney filed a brief to support Campbell's argument and moved to withdraw pursuant to Iowa Rule of Appellate Procedure 6.1005, governing " [f]rivolous appeals, withdrawal of counsel."  Campbell resisted the motion. In 2009, the Iowa Supreme Court dismissed the appeal as frivolous and denied a motion to reconsider.
In December 2011, Campbell filed a second application for postconviction relief, re-alleging the grounds raised in his first application and claiming " his right to effective assistance of counsel was violated by [his first posconviction relief attorney] in her assertion that the Applicant's appeal to the denial of his PCR was frivolous." The State moved to dismiss Campbell's application on statute of limitations and res judicata grounds. Following a hearing, the district court accepted the State's res judicata ...