Opinion
No. 19-1693
09-22-2021
Bobby Ray WOODBERRY, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee.
Ronald W. Kepford, Winterset, for appellant. Thomas J. Miller, Attorney General, and Kyle Hanson, Assistant Attorney General, for appellee.
Ronald W. Kepford, Winterset, for appellant.
Thomas J. Miller, Attorney General, and Kyle Hanson, Assistant Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.
GREER, Judge.
In 1995, a jury convicted Bobby Woodberry of first-degree murder and assault with intent to commit serious bodily injury. Since that conviction, Woodberry has filed five applications for postconviction relief (PCR)—one in 1997, 2004, 2009, 2013, and, now, in 2019. Requesting dismissal of the filing, the State moved for summary judgment. The district court summarily disposed of the recent filing, ruling it was untimely and no "ground of fact or law that could not have been raised within the applicable time period" was raised by Woodberry. See Iowa Code § 822.3 (2019). Woodberry asserts the Allison logic should save his PCR filing this time. Even so, we have not applied the Allison reasoning to a fifth PCR filing. See, e.g. , Smitherman v. State , No. 19-0331, 2020 WL 3571814, at *2 (Iowa Ct. App. July 1, 2020) ("[Allison ] does not apply to a third or subsequent PCR application.") Thus, we agree with the district court here.
See State v. Allison, 914 N.W.2d 866, 891 (Iowa 2018). But the legislature abrogated Allison with the passage of Iowa Code section 822.2 (Supp. 2019) ("An allegation of ineffective assistance of counsel in a prior case under this chapter shall not toll or extend the limitation periods in this section nor shall such claim relate back to a prior filing to avoid the application of the limitation periods.").
Accordingly, we affirm without further opinion. See Iowa Ct. R. 21.26(1)(a), (c), (e).