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WHITSEL v. STATE

No. 94-18.

525 N.W.2d 860 (1994)

Jesse Ellsworth WHITSEL, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

December 21, 1994.

Attorney(s) appearing for the Case

Edward J. Leff of Wilson, Matias, Usher & Leff, Cedar Rapids, for appellant.

Bonnie J. Campbell, Atty. Gen., Robert P. Ewald, Asst. Atty. Gen., Denver D. Dillard, County Atty., and Scott C. Peterson, Asst. County Atty., for appellee.

Considered by HARRIS, P.J., and LARSON, LAVORATO, ANDREASEN, and TERNUS, JJ.

ANDREASEN, Justice.

This is an appeal from a summary dismissal of an application for postconviction relief. The primary issue is whether the availability of deoxyribonucleic acid (DNA) testing constitutes "newly discovered evidence" entitling appellant to circumvent the three-year limitation period for filing an application for postconviction relief. The appellant also contends the limitation period should not bar his claim...

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