Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Murray v. State

Court of Appeals of Iowa

December 18, 2019

DWIGHT MURRAY, Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.

         Dwight Murray appeals the dismissal of his application for postconviction relief.

          John J. Bishop, Cedar Rapids, for appellant.

          Thomas J. Miller, Attorney General, and Darrel Mullins, Assistant Attorney General, for appellee State.

          Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J. [*]

          GAMBLE, Senior Judge.

         Dwight Murray appeals the dismissal of his application for postconviction relief (PCR). We affirm.

         I. Facts and Prior Proceedings

         Murray was convicted of first-degree robbery and second-degree burglary in connection with a break in and the bludgeoning of Blanche Gloe in 1991. Gloe remained on life support during Murray's trial. Following his conviction, Gloe showed no signs of neurological improvement, and her family agreed to withdraw life-saving services. Gloe died, and Murray was charged and convicted of first-degree felony murder, with his robbery serving as the predicate felony. Our supreme court affirmed his conviction in 1994.[1] See State v. Murray, 512 N.W.2d 547, 548 (Iowa 1994).

         In 2012 Murray filed a pro se PCR application. The State filed a pre-answer motion to dismiss, arguing the three-year statute of limitations contained in Iowa Code section 822.3 (2012) governing PCRs had expired. The PCR court granted the State's motion in part and denied it in part so that Murray could further develop his claim that certain changes in law occurred after the three-year statute of limitations, which would serve as an exception to section 822.3's statute of limitations.

         Following trial and full briefing, the PCR court determined no change in law occurred to excuse Murray's failure to file his PCR action within the three years following procedendo and dismissed the PCR action.

         Murray now appeals.

         II. Standard of Review

         "'Generally, postconviction relief proceedings are reviewed for correction of errors at law.' However, claims of alleged violations of constitutional rights are reviewed in 'light of the totality of circumstances and the record upon which the postconviction court's ruling was made.' 'This is the functional equivalent of de novo review.'" Johnson v. State, 860 N.W.2d ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.