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PHUOC THANH NGUYEN v. STATE

No. 10-2037.

829 N.W.2d 183 (2013)

PHUOC THANH NGUYEN, Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied April 10, 2013.

Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Vidhya K. Reddy , Assistant Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Thomas S. Tauber , Assistant Attorney General, John P. Sarcone , County Attorney, and George N. Karnas , Assistant County Attorney, for appellee.

MANSFIELD, Justice.

An individual convicted of first-degree murder sought postconviction relief after the three-year statute of limitations set forth in Iowa Code section 822.3 (2009) had expired, but within three years of our decision in State v. Heemstra, 721 N.W.2d 549 (2006). The gist of his argument is that it would be unconstitutional not to apply Heemstra retroactively...

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