Cecil Watson, Applicant-Appellant v. State of Iowa
15-0853
| Iowa Ct. App. | Aug 17, 2016Background
- Watson was convicted of conspiracy to deliver crack cocaine, possession with intent to deliver, and failure to possess a drug tax stamp; on appeal, conspiracy conviction was vacated and the other convictions affirmed.
- Procedendo on direct appeal was issued August 3, 2009.
- Watson filed a postconviction relief application on September 25, 2014.
- The district court granted summary judgment, ruling the application was untimely under Iowa Code § 822.3 (2013).
- The court applied Harrington v. State to review the untimeliness ruling and affirmed the district court.
- Watson argued an exception under § 822.3 based on Kooima v. State, but the court held the exception did not apply factually and the filing remained untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness under § 822.3 for postconviction relief | Watson argues filing within three years of procedendo. | State contends filing was more than three years late. | Untimely; not within the three-year window. |
| Applicability of Kooima-based exception to timeliness | Watson claims Kooima creates an exception for new law. | Kooima does not apply to this factual situation. | Not applicable; no exception; filing untimely. |
Key Cases Cited
- Harrington v. State, 659 N.W.2d 509 (Iowa 2003) (review of postconviction timeliness; substantial evidence standard)
- State v. Kooima, 833 N.W.2d 202 (Iowa 2013) (anonymous-tip-based stop not applicable; limits on exception to timeliness)