from the Iowa District Court for Polk County, Jeanie K.
appeals the district court order denying his request for
postconviction relief from his conviction of first-degree
Young of Parrish Kruidenier Dunn Boles Gentry Brown &
Bergmann, L.L.P., Des Moines, for appellant.
J. Miller, Attorney General, and Sharon K. Hall, Assistant
Attorney General, for appellee State.
Considered by Bower, C.J., Mullins, J., and Danilson, S.J.
DANILSON, Senior Judge.
Moore appeals the district court order denying his request
for postconviction relief from his conviction of first-degree
murder. We determine the district court did not err by
finding Moore did not show he was entitled to relief on the
basis of newly-discovered evidence. We also find no error in
the district court's conclusion Moore did not meet the
standard necessary to prove his claim of actual innocence. We
affirm the district court's decision denying Moore's
application for postconviction relief.
Background Facts & Proceedings
was convicted of first-degree murder, in violation of Iowa
Code section 707.2 (1997). Moore shot Lamar Jones in a
gang-related incident. Moore was sentenced to serve the rest
of his life in prison. His conviction was affirmed on appeal.
State v. Moore, No. 98-1038, 1999 WL 1136569, at *4
(Iowa Ct. App. Dec. 13, 1999). Procedendo issued on March 13,
Moore's first application for postconviction relief, he
claimed he received ineffective assistance because defense
counsel failed to object to evidence of prior possession of
firearms and gang activity. Moore v. State, No.
03-1223, 2004 WL 2387040, at *2 (Iowa Ct. App. Oct. 27,
2004). We affirmed the district court's decision denying
his request for postconviction relief. Id. at *6.
March 14, 2005, Moore filed a second application for
postconviction relief. The application was denied by the
district court on the ground his claim was barred by the
three-year time limitation in section 822.3 (2005). The
appeal was dismissed on the ground it was frivolous.
See Iowa R. App. P. 6.1005.
third application for postconviction relief was filed on May
9, 2013. He sought "a retroactive extension of the
holding in State v. Heemstra, 721 N.W.2d 549, 557
(Iowa 2006), to his 1997 conviction." Moore v.
State, No. 14-1241, 2016 WL 1358489, at *1 (Iowa Ct.
App. Apr. 6, 2016). The district court determined Moore's
claim was untimely because it was not filed until more than
six years after Heemstra was decided. Id.
at *2. We affirmed the decision of the district court.
Id. at *3.
filed his present application for postconviction relief, his
fourth, on July 28, 2015. The State filed a motion for
summary judgment, claiming the application was time barred
under section 822.3 (2015). Moore responded that his claim
came within an exception to the three-year time period in
section 822.3 for "a ground of fact or law that could
not have been raised within the applicable time period"
because it was newly-discovered evidence.
postconviction hearing, Moore testified he met "a
guy" who was a cellmate with Marion Harris's
brother, and this "guy" told him Aaron Rankins lied
in Harris's criminal case. Moore submitted a transcript
from Harris's 2006 criminal trial. Harris and Rankins
were cousins and Rankins testified they worked together to
sell drugs. On cross-examination, Rankins stated he
"pump[ed] the toilet" while in jail and talked to
other inmates by this method. According to Moore, inmates at
the old Polk County jail could take the water out of the
toilets to talk to ...