IN THE COURT OF APPEALS OF IOWA
No. 23-1683 Filed July 24, 2024
LARRY DARNELL MURPHY, Applicant-Appellant,
vs.
STATE OF IOWA, Respondent-Appellee. ________________________________________________________________
Appeal from the Iowa District Court for Pottawattamie County,
Jeffrey L. Larson, Judge.
Larry Murphy appeals the summary dismissal of his application for
postconviction relief. AFFIRMED.
Audra F. Saunders, West Des Moines, for appellant.
Brenna Bird, Attorney General, and Joseph D. Ferrentino, Assistant
Attorney General, for appellee State.
Considered by Tabor, P.J., and Greer and Schumacher, JJ. 2
SCHUMACHER, Judge.
Larry Murphy appeals the summary dismissal of his second application for
postconviction relief (PCR). Because Murphy’s PCR application was filed more
than three years after his conviction was final and he asserted no ground of fact
material to his substantive claims that could not have been presented within the
three-year time frame, see Iowa Code § 822.3 (2023), we affirm.
I. Background Facts and Proceedings
In 2019, Murphy entered a written plea of guilty to child endangerment
causing death. The district court accepted Murphy’s plea, entered judgment, and
sentenced him to an indeterminate fifty-year term of incarceration. The court
denied Murphy’s motion for new trial and motion in arrest of judgment. Murphy
filed a pro se notice of appeal, which was dismissed as untimely. Procedendo
issued in December 2019.
Meanwhile, Murphy filed a pro se PCR application, claiming trial counsel
was ineffective for failing to file a timely appeal. PCR counsel was appointed, but
Murphy subsequently moved to dismiss his application in mid-2020.
The following year, in his underlying criminal case, Murphy filed a motion to
withdraw his written plea of guilty. The district court denied the motion, stating in
part, “Defendant’s motion is not timely and must be denied. It is possible the
defendant could seek relief in a postconviction action.”
Murphy filed this PCR application in May 2023. He claimed trial counsel
was ineffective by: failing to file a notice of appeal, failing to “properly argue” the
motion in arrest of judgment, and failing to ensure there was a factual basis for his
guilty plea. Murphy also claimed first PCR counsel was ineffective. 3
The State moved for summary judgment, asserting Murphy’s application
was time-barred by the statute of limitations. Murphy resisted. Following a
hearing, the court granted the State’s motion, finding Murphy failed to show a
ground-of-fact exception to the statute of limitations.1 Murphy appeals.
II. Standard of Review
We review the summary dismissal of a PCR application for correction of
errors at law. Moon, 911 N.W.2d at 142. Applying our summary judgment
standards to summary disposition of PCR applications, summary disposition is
appropriate “if the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any, show . . . there is no genuine
issue as to any material fact and . . . the moving party is entitled to a judgment as
a matter of law.” Id. (alteration in original) (quoting Iowa R. Civ. P. 1.981(3)). The
State, as the moving party, bears the burden of proving there are no genuine
issues of material fact, and we review the record in the light most favorable to
Murphy. See id. Murphy has the “onus” to establish the “obvious requirement”
that he “could not have raised the ground of fact within the limitations period.” Id.
at 143.
III. Analysis
Murphy claims the district court erred by granting the State’s motion for
summary judgment without a full evidentiary hearing on the merits of his
ineffective-assistance-of-counsel claims relating to trial counsel’s “failure to timely
file a notice of appeal” and “failure to ensure adequate factual basis” for his guilty
1 See, e.g., Moon v. State, 911 N.W.2d 137, 143–44 (Iowa 2018) (applying the
ground-of-fact test to determine whether the applicant’s claims were time barred). 4
plea and first PCR counsel’s “fail[ure] to properly research all issues in [his]
underlying criminal case.”
Applying the summary judgment standards, we concur with the court’s
determination that the State proved no issue of material fact is in dispute. Murphy’s
conviction was final in 2019. Under Iowa Code section 822.3, Murphy had until
2022 to apply for PCR from the conviction. Murphy filed this PCR application in
2023. Because the application was untimely on its face, summary dismissal was
appropriate unless Murphy established a new ground of fact or law excepting his
application from the statute of limitations.
Murphy maintains his PCR application falls under the exception in section
822.3 for “a ground of fact or law that could not have been raised within the
applicable time period” because he “was not alerted to the ineffectiveness of his
trial counsel and [first] PCR counsel until he filed his second application.”
However, “[a] fact could have been raised within the limitations period if it was
either known to the applicant or it could have been discovered with the exercise of
due diligence during the statute-of-limitations window.” Prentiss v. State,
No. 23-0550, 2024 WL 2842274, at *3 (Iowa Ct. App. June 5, 2024).
Murphy was charged with first-degree murder and child endangerment
causing death following an incident in which he “disciplined” a two-year-old child
in his care by sitting on the child’s head until the child suffocated. Murphy entered
into a written plea agreement, in which he agreed to plead guilty to the child
endangerment charge in exchange for the State’s dismissal of the murder charge.
At the plea hearing, Murphy stated he understood the agreement, and the court 5
determined a factual basis existed to accept the plea of guilty to the child
endangerment causing death charge.
The following month, Murphy filed a motion for new trial and a motion in
arrest of judgment, alleging in part: “The defendant has advised his attorneys that
he wishes to withdraw his guilty plea and proceed to a jury trial”; “The defendant
states he did not have a full understanding of his rights, options and possible
results from a trial as well as other positions best explained by the defendant.” The
court addressed the motion at the sentencing hearing, during which the following
colloquy took place:
COURT: Mr. Murphy, what is your specific problem with the plea taking? MURPHY: My plea was to—just—well, I had, but then I—I just disconnected my plea before it was—it was sentenced. COURT: Are you telling me you have buyer’s remorse— MURPHY: Yeah. COURT: —is that what you’re saying? And is that your only problem with the plea? MURPHY: Yes.
The court denied the motion, stating in part: “[Y]ou just deciding you don’t like the
plea after you go back to your cell does not give you reason to withdraw your plea.”
The court further observed, “I have reviewed Judge Dreismeier’s plea taking and,
like I said, it not only substantially complies, I believe it fully complies.”
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IN THE COURT OF APPEALS OF IOWA
No. 23-1683 Filed July 24, 2024
LARRY DARNELL MURPHY, Applicant-Appellant,
vs.
STATE OF IOWA, Respondent-Appellee. ________________________________________________________________
Appeal from the Iowa District Court for Pottawattamie County,
Jeffrey L. Larson, Judge.
Larry Murphy appeals the summary dismissal of his application for
postconviction relief. AFFIRMED.
Audra F. Saunders, West Des Moines, for appellant.
Brenna Bird, Attorney General, and Joseph D. Ferrentino, Assistant
Attorney General, for appellee State.
Considered by Tabor, P.J., and Greer and Schumacher, JJ. 2
SCHUMACHER, Judge.
Larry Murphy appeals the summary dismissal of his second application for
postconviction relief (PCR). Because Murphy’s PCR application was filed more
than three years after his conviction was final and he asserted no ground of fact
material to his substantive claims that could not have been presented within the
three-year time frame, see Iowa Code § 822.3 (2023), we affirm.
I. Background Facts and Proceedings
In 2019, Murphy entered a written plea of guilty to child endangerment
causing death. The district court accepted Murphy’s plea, entered judgment, and
sentenced him to an indeterminate fifty-year term of incarceration. The court
denied Murphy’s motion for new trial and motion in arrest of judgment. Murphy
filed a pro se notice of appeal, which was dismissed as untimely. Procedendo
issued in December 2019.
Meanwhile, Murphy filed a pro se PCR application, claiming trial counsel
was ineffective for failing to file a timely appeal. PCR counsel was appointed, but
Murphy subsequently moved to dismiss his application in mid-2020.
The following year, in his underlying criminal case, Murphy filed a motion to
withdraw his written plea of guilty. The district court denied the motion, stating in
part, “Defendant’s motion is not timely and must be denied. It is possible the
defendant could seek relief in a postconviction action.”
Murphy filed this PCR application in May 2023. He claimed trial counsel
was ineffective by: failing to file a notice of appeal, failing to “properly argue” the
motion in arrest of judgment, and failing to ensure there was a factual basis for his
guilty plea. Murphy also claimed first PCR counsel was ineffective. 3
The State moved for summary judgment, asserting Murphy’s application
was time-barred by the statute of limitations. Murphy resisted. Following a
hearing, the court granted the State’s motion, finding Murphy failed to show a
ground-of-fact exception to the statute of limitations.1 Murphy appeals.
II. Standard of Review
We review the summary dismissal of a PCR application for correction of
errors at law. Moon, 911 N.W.2d at 142. Applying our summary judgment
standards to summary disposition of PCR applications, summary disposition is
appropriate “if the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any, show . . . there is no genuine
issue as to any material fact and . . . the moving party is entitled to a judgment as
a matter of law.” Id. (alteration in original) (quoting Iowa R. Civ. P. 1.981(3)). The
State, as the moving party, bears the burden of proving there are no genuine
issues of material fact, and we review the record in the light most favorable to
Murphy. See id. Murphy has the “onus” to establish the “obvious requirement”
that he “could not have raised the ground of fact within the limitations period.” Id.
at 143.
III. Analysis
Murphy claims the district court erred by granting the State’s motion for
summary judgment without a full evidentiary hearing on the merits of his
ineffective-assistance-of-counsel claims relating to trial counsel’s “failure to timely
file a notice of appeal” and “failure to ensure adequate factual basis” for his guilty
1 See, e.g., Moon v. State, 911 N.W.2d 137, 143–44 (Iowa 2018) (applying the
ground-of-fact test to determine whether the applicant’s claims were time barred). 4
plea and first PCR counsel’s “fail[ure] to properly research all issues in [his]
underlying criminal case.”
Applying the summary judgment standards, we concur with the court’s
determination that the State proved no issue of material fact is in dispute. Murphy’s
conviction was final in 2019. Under Iowa Code section 822.3, Murphy had until
2022 to apply for PCR from the conviction. Murphy filed this PCR application in
2023. Because the application was untimely on its face, summary dismissal was
appropriate unless Murphy established a new ground of fact or law excepting his
application from the statute of limitations.
Murphy maintains his PCR application falls under the exception in section
822.3 for “a ground of fact or law that could not have been raised within the
applicable time period” because he “was not alerted to the ineffectiveness of his
trial counsel and [first] PCR counsel until he filed his second application.”
However, “[a] fact could have been raised within the limitations period if it was
either known to the applicant or it could have been discovered with the exercise of
due diligence during the statute-of-limitations window.” Prentiss v. State,
No. 23-0550, 2024 WL 2842274, at *3 (Iowa Ct. App. June 5, 2024).
Murphy was charged with first-degree murder and child endangerment
causing death following an incident in which he “disciplined” a two-year-old child
in his care by sitting on the child’s head until the child suffocated. Murphy entered
into a written plea agreement, in which he agreed to plead guilty to the child
endangerment charge in exchange for the State’s dismissal of the murder charge.
At the plea hearing, Murphy stated he understood the agreement, and the court 5
determined a factual basis existed to accept the plea of guilty to the child
endangerment causing death charge.
The following month, Murphy filed a motion for new trial and a motion in
arrest of judgment, alleging in part: “The defendant has advised his attorneys that
he wishes to withdraw his guilty plea and proceed to a jury trial”; “The defendant
states he did not have a full understanding of his rights, options and possible
results from a trial as well as other positions best explained by the defendant.” The
court addressed the motion at the sentencing hearing, during which the following
colloquy took place:
COURT: Mr. Murphy, what is your specific problem with the plea taking? MURPHY: My plea was to—just—well, I had, but then I—I just disconnected my plea before it was—it was sentenced. COURT: Are you telling me you have buyer’s remorse— MURPHY: Yeah. COURT: —is that what you’re saying? And is that your only problem with the plea? MURPHY: Yes.
The court denied the motion, stating in part: “[Y]ou just deciding you don’t like the
plea after you go back to your cell does not give you reason to withdraw your plea.”
The court further observed, “I have reviewed Judge Dreismeier’s plea taking and,
like I said, it not only substantially complies, I believe it fully complies.”
The court then imposed Murphy’s sentence and concluded the hearing by
stating:
COURT: You have a right to appeal the sentence this Court just handed down. That right to appeal is jurisdictional, meaning you would have to file a notice of appeal within 30 days of today’s date with the Pottawattamie County Clerk of Court. Do you understand that? MURPHY: Yes, I do. 6
COURT: You do not do so you’re forever barred from appealing this sentence. Do you understand that? MURPHY: Yes, sir.
Forty-four days later, Murphy filed a pro se notice of appeal. The supreme
court dismissed his appeal as untimely, noting in part: “Upon consideration,
because it appears neither State action nor circumstances beyond the appellant’s
control have frustrated his intention to appeal, we deny the application for delayed
appeal.”
A few days before procedendo issued, Murphy filed his first PCR
application, claiming in part, “Defendant had requested this matter be appealed on
direct appeal. Counsel failed to file a timely appeal which consequently led to the
dismissal of the matter entirely.” He alleged his counsel was ineffective. Attorney
Katherine Murphy was appointed to represent Murphy. Attorney Murphy reviewed
the “transcripts and criminal file” and opined she was “not able to find a case on
appeal that would have been a winner” had Murphy’s trial counsel filed a timely
appeal. Attorney Murphy also told Murphy he “receive[ed] a very favorable plea
deal, and your attorney was correct to recommend that you accept the offer.”
Attorney Murphy asked Murphy to explain “what successful grounds for appeal
would have been.” Subsequent correspondence indicates Attorney Murphy
investigated a potential claim relating to the calculation of Murphy’s sentencing
time, but determined “everything is working as if should,” and recommended
Murphy dismiss his application “since it is without legal basis.” Attorney Murphy
further advised Murphy: “On August 15, 2019 the court made its determination of
guilt. You have three years from that date to file a Petition for Postconviction
Relief.” Ultimately, Murphy signed a verification he understood he was 7
withdrawing his application. In May 2020, Murphy, through counsel, formally
moved to dismiss the application, stating in part, “[Murphy] was appointed counsel
and consulted with such counsel with regard to the bases for his [PCR] Application”
and “[Murphy], together with his counsel, was unable to generate compelling bases
for his Application.” The application was dismissed.
Murphy then filed a motion to withdraw his written plea of guilty “due to new
found evidence and me signing this plea under duress and or stress of this case.”
The district court denied the motion in October 2021, finding it “is not timely and
must be denied,” but noting, “It is possible [Murphy] could seek relief in a
postconviction action.”
Despite the court’s statement—coupled with Murphy’s apparent
dissatisfaction with his guilty plea and untimely appeal—it was not until May 2023
that Murphy filed this PCR application. By then, the limitation period had expired.2
Viewing the evidence in the light most favorable to Murphy, we conclude he was
or could have been alerted to his potential claims before the limitations period
expired. In the first PCR action, Attorney Murphy advised Murphy “[y]ou have three
years from [August 15, 2019] to file a Petition for Postconviction Relief.” In October
2021, the district court noted Murphy could file a PCR action to raise his claims.
Murphy now maintains he “has been diligently attempting to get this matter before
a court since the entry of the sentencing order.” Even that argument concedes
2 In 2019, our legislature amended section 822.3 to include the following: “An
allegation of ineffective assistance of counsel in a prior case under this chapter shall not toll or extend the limitation periods in this section nor shall such claim relate back to a prior filing to avoid the application of the limitation periods.” 2019 Iowa Acts ch. 140, § 34 (codified at Iowa Code § 822.3 (Supp. 2019)) (emphasis added). 8
Murphy’s belief a potential claim existed as early as 2019. “[T]o avoid the three-
year statute of limitations contained in section 822.3, an applicant must show he
or she could not have raised the ground of fact within the applicable time period.”
Schmidt v. State, 909 N.W.2d 778, 798 (Iowa 2018). Murphy has failed to do that.3
Because Murphy’s PCR application was filed more than three years after
his conviction was final and he asserted no ground of fact material to his
substantive claim that could not have been presented within the three-year time
frame, we affirm the court’s dismissal of the application.
AFFIRMED.
3 Murphy also summarily raises a claim relating to the “[t]he cumulative errors of
trial counsel and PCR counsel.” Because Murphy’s underlying application was untimely, we decline to consider this claim. Cf Smith v. State, ___ N.W.2d ___, ___, 2024 WL 2868782 (Iowa 2024) (“We disagree that the cumulative prejudice analysis is applicable here. . . . It is an argument that 0+0+0=1.”).