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Young v. State

Court of Appeals of Iowa

June 6, 2018

MICHAEL YOUNG, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Marshall County, Timothy J. Finn, Judge.

         The applicant, Michael Young, appeals the dismissal of his applications for postconviction relief based on statute of limitations.

          Michael Young, Cody, Wyoming, pro se appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee State.

          Considered by Potterfield, P.J., Tabor, J., and Blane, S.J. [*]

          BLANE, SENIOR JUDGE.

         Michael Young appeals the dismissal of his four applications for postconviction relief. Because we agree with the district court that Young's applications were filed beyond the statute of limitations, we affirm.

         I. Factual and Procedural Background.

         On February 6, 2013, Young was stopped by an officer and charged with four separate motor vehicle violations.[1] Following a trial before a magistrate, he was convicted and sentenced on October 23, 2013. Young timely filed a notice of appeal. As these were simple misdemeanors, the appeal was to the district court and assigned to a district associate judge. See Iowa R. Crim. P. 2.73(3). By written ruling filed on November 27, 2013, the appeals were denied and the convictions and sentences were affirmed.

         Young then filed with the Iowa Supreme Court an application for discretionary review of the district associate court's appeal ruling affirming his convictions. The application was denied on January 31, 2014, by order signed by a single justice. On February 11, 2014, Young filed a petition for rehearing pursuant to Iowa Rule of Appellate Procedure 6.1205(1). On February 17, 2014, procedendo issued as to the four cases. On May 8, 2014, three justices of the supreme court addressed Young's petition for rehearing and issued an order, which stated: "This court treats the petition for rehearing as a motion to review the ruling of a single justice under Iowa Rule of Appellate Procedure 6.1002(5) (2009)." The order then stated: "[T]he order denying the application for discretionary review is confirmed as the order of this court." Young did not challenge the issuance or timeliness of the procedendo in the criminal proceedings or request that it be recalled.

         On May 4, 2017, Young filed four separate applications for postconviction relief, one as to each of the four separate convictions.[2] On July 21, 2017, the State filed its answer to Young's four applications. In the answer, the State raised the affirmative defense of the statute of limitations found in Iowa Code section 822.3 (2017). The State also filed a motion for summary disposition and a motion to dismiss the applications based upon statute-of-limitations grounds. On July 31, Young filed his resistance to the State's motion to dismiss, asserting that the procedendo in his criminal appeals was erroneously issued by the Clerk of the Supreme Court.

         On August 28, 2017, the district court held a hearing on Young's applications as well as the State's motion to dismiss, where Young personally appeared pro se. On September 14, the district court issued its ruling and determined that Young had not established an exception to the statute of limitation and that the State's motion to dismiss should be granted. The court then went on to address the State's motion for summary disposition and Young's postconviction applications on their merits, deciding that the applications should be denied as being without merit. Young appeals.

         II. Discussion.

         On appeal, Young again contends that the Clerk of the Supreme Court erred in issuing the procedendo and that his applications for postconviction relief were therefore timely filed. Postconviction relief proceedings are actions at law and review of proceedings is ...


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