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Date: 01-13-2018

Case Style:

DAVID McCULLOUGH vs. STATE OF IOWA

Iowa Court of Appeals

Case Number: 17-0434

Judge: Michael R. Mullins

Court: Iowa Court of Appeals

Plaintiff's Attorney: Thomas J. Miller
Attorney General

Tyler J. Buller
Assistant Attorney General

Defendant's Attorney: Charles Kenville

Description: David McCullough appeals the dismissal of his postconviction-relief
application on statute-of-limitations grounds. He requests that we apply the
doctrine of equitable tolling to exempt him from the three-year statutory time bar
contained in Iowa Code section 822.3 (2016). Bypassing the State’s error
preservation concerns, we repeat our position that the doctrine of equitable
tolling does not apply to section 822.3.

Outcome: We affirm the ruling of the district court without further opinion pursuant to
Iowa Court Rule 21.26(1)(a), (c), and (e).

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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