Ronnie Earl Harrington, Applicant-Appellant v. State of Iowa ( 2017 )

IN THE COURT OF APPEALS OF IOWA
No. 16-0953
Filed June 21, 2017
RONNIE EARL HARRINGTON,
Applicant-Appellant,
vs.
STATE OF IOWA,
Respondent-Appellee.
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Appeal from the Iowa District Court for Cerro Gordo County, DeDra L.
Schroeder, Judge.
The applicant appeals from the district court’s dismissal of his application
for postconviction relief. AFFIRMED.
Angela L. Campbell of Dickey & Campbell Law Firm, P.L.C., Des Moines,
for appellant.
Thomas J. Miller, Attorney General, and Tyler J. Buller, Assistant Attorney
General, for appellee State.
Considered by Danilson, C.J., and Potterfield and Bower, JJ.
2
POTTERFIELD, Judge.
Ronnie Harrington appeals from the district court’s dismissal of his
application for postconviction relief (PCR). As Harrington’s argument makes
clear, his application is untimely unless this court adopts equitable tolling—a
concept recognized and available in federal postconviction-relief proceedings in
some instances. See Holland v. Florida, 560 U.S. 631, 650 (2010) (holding a
state prisoner is entitled to equitable tolling of the one-year statute of limitations
on petitions for federal habeas if the prisoner shows he or she has been diligently
pursuing their rights and that some extraordinary circumstance stood in his way
preventing timely filing). As we have done many times before, we decline to
apply this doctrine to applications for PCR. See, e.g., James v. State, 858
N.W.2d 32, 33 (Iowa Ct. App. 2014) (affirming the district court’s dismissal of an
application for PCR where the applicant “invoke[d] the equitable tolling doctrine
to avoid the time-bar”). We affirm the ruling of the district court without further
opinion. Iowa Ct. R. 21.26(1)(a), (c), (e).
AFFIRMED.