STATE v. OLSEN

No. 09-1301.

794 N.W.2d 285 (2011)

STATE of Iowa, Appellee, v. Thomas Edward OLSEN, Appellant.

Supreme Court of Iowa.

February 18, 2011.


Attorney(s) appearing for the Case

Gordon E. Allen of Drake University Legal Clinic, and Thomas Harbaugh , Student Legal Intern, Des Moines, for appellant.

Thomas J. Miller , Attorney General, Thomas W. Andrews , Assistant Attorney General, Stephen H. Holmes , County Attorney, and Keisha F. Cretsinger , Assistant County Attorney, for appellee.


APPEL, Justice.

In this case, we address whether our decision in State v. Dudley, 766 N.W.2d 606 (Iowa 2009), may be retroactively applied to cases time barred from review. For the reasons stated below, we conclude that a time-barred appellant may not receive the benefit of retroactive application of Dudley under the circumstances presented in this case.

I. Factual and Procedural Background.

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