Enrique Aboites Garcia, Applicant-Appellant v. State of Iowa
15-1817
| Iowa Ct. App. | Mar 8, 2017Background
- Enrique Garcia was convicted of first-degree murder in 1998; the Iowa Supreme Court affirmed and procedendo issued December 21, 2000.
- Garcia filed prior PCR applications in 2001 and 2010; both were denied.
- Garcia filed a third PCR application on September 12, 2014 (amended March 16, 2015), asserting claims tied to jury-instruction law under State v. Smith.
- The State moved for summary judgment arguing the PCR was barred by Iowa Code § 822.3’s three-year statute of limitations (measured from procedendo).
- Garcia argued the holdings in Nguyen v. State and Jones could render Smith retroactive or otherwise create a new ground of law, making his 2014 filing timely.
- The district court granted summary judgment for the State; the appellate court affirmed, finding Jones and Nguyen did not create a new ground of law to avoid the time bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Garcia's 2014 PCR is timely under § 822.3 | Garcia: Nguyen and Jones created a new or retroactive ground allowing a § 822.3 exception, so his claim (based on Smith) is timely | State: § 822.3 three-year limit applies; Nguyen and Jones do not create a new ground to avoid the bar | Court: PCR is time-barred; summary judgment for State affirmed |
| Whether Nguyen announced a change in law for § 822.3 purposes | Garcia: Nguyen announced law change, starting a new limitations clock | State: Nguyen did not announce a new rule altering the limitations period | Court: Nguyen did not create a change in law for § 822.3 (citing prior precedent) |
| Whether Jones qualifies as a new ground of law or mere clarification | Garcia: Jones supports retroactive application of Smith | State: Jones is only a clarification that could have been anticipated within three years | Court: Jones is a clarification; claims based on Smith should have been raised earlier |
| Whether Smith-based claims could have been raised earlier | Garcia: Could not have successfully raised Smith-based retroactivity before Nguyen/Jones | State: Smith was decided in 2007; any Smith-based claim was not a new ground tied to Nguyen/Jones | Court: Smith-based claims are time-barred; new-ground exception doesn't apply |
Key Cases Cited
- State v. Garcia, 622 N.W.2d 512 (Iowa 2000) (affirming Garcia’s conviction)
- State v. Smith, 739 N.W.2d 289 (Iowa 2007) (jury-instruction holding central to Garcia’s claims)
- Nguyen v. State, 829 N.W.2d 183 (Iowa 2013) (addressed by parties as allegedly altering limitations analysis)
- Harrington v. State, 659 N.W.2d 509 (Iowa 2003) (standard of review for errors of law on appeal)