Swanson v. State, 86-1041
| Decision Date | 17 June 1987 |
| Docket Number | No. 86-1041,86-1041 |
| Citation | 406 N.W.2d 792 |
| Parties | Robert E. SWANSON, Appellant, v. STATE of Iowa, Appellee. |
| Court | Iowa Supreme Court |
Charles L. Harrington, Appellate Defender, and B. John Burns, Asst. Appellate Defender, for appellant.
Thomas J. Miller, Atty. Gen., Gordon E. Allen, Sp. Asst. Atty. Gen., John M. Parmeter, Asst. Atty. Gen., for appellee.
Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ, and CARTER, JJ.
Petitioner, Robert E. Swanson, has appealed from the denial of his application for postconviction relief. That application sought relief from a loss of good time, imposed by prison authorities for petitioner's alleged rule violations.
On appeal, petitioner raises two points. First, he urges that the prison disciplinary committee considering the charges against him improperly considered confidential communications which he had made to a prison counselor. He argues that the district court erred in not granting his application on that ground. Second, petitioner contends that he was improperly precluded from attending the hearing before the district court on his postconviction application.
We do not reach the merits of petitioner's contentions because we conclude we are without jurisdiction to consider the appeal. The judgment from which the appeal is taken was entered on June 5, 1986. Petitioner's notice of appeal was served and filed on July 8, 1986. Notwithstanding the absence of a motion to dismiss, we are bound to consider this apparent jurisdictional issue on our own motion. Doland v. Boone County, 376 N.W.2d 870, 876 (Iowa 1985).
In apparent recognition of the untimeliness of his notice of appeal, petitioner filed in this court on August 4, 1986, a motion for delayed appeal. As grounds for this motion, he urges that he was misinformed concerning the period of time within which an appeal must be perfected in a postconviction proceeding. He asserts that he was acting without advice of counsel at this time. The contentions so advanced are best characterized as a plea of excusable neglect. Petitioner approaches the issue on the basis that it is within our discretion to grant a delayed appeal on such grounds. We disagree.
The time limitations for the filing of notice of appeal to this court are jurisdictional in both civil criminal cases. See Robco Transp., Inc. v. Ritter, 356 N.W.2d 497, 498 (Iowa 1984); Jensen v. State, 312 N.W.2d 581, 582 (Iowa 1981). We have, in certain criminal cases, granted a right of delayed appeal. 1 That remedial procedure originated with federal courts which order the granting of delayed appeals where it appears that state action or other circumstances beyond appellant's control have frustrated an intention to appeal. Under such circumstances, the denial of a right of appeal would violate the due process or equal protection clause of the fourteenth amendment to the federal constitution. See State v. Horsey, 180 N.W.2d 459, 460 (Iowa 1970); Ford v. State, 258 Iowa 137, 142, 138 N.W.2d 116, 119 (1965).
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...an intention to appeal" and denial of the right to appeal implicates the appellant's constitutional rights. Swanson v. State , 406 N.W.2d 792, 792–93 (Iowa 1987) (citing State v. Horsey , 180 N.W.2d 459, 460 (Iowa 1970), and Ford v. State , 258 Iowa 137, 142, 138 N.W.2d 116, 119 (1965), as ......
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State v. Davis
...but failed to timely perfect the appeal due to state action or circumstances beyond the defendant's control. See Swanson v. State , 406 N.W.2d 792, 793 (Iowa 1987) (recognizing that this court has allowed delayed appeal where "state action or other circumstances beyond appellant's control h......
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In re Interest of M.D.
...done "to prevent unnecessary challenges," and on the theory that a valid due process argument "might" be advanced. See Swanson v. State , 406 N.W.2d 792, 793 (Iowa 1987). We have also "exercised our supervisory authority over the rules of procedure and evidence to prohibit the use of unstip......
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In re W.T.
...an intention to appeal’ and denial of the right to appeal implicates the appellant's constitutional rights" (quoting Swanson v. State , 406 N.W.2d 792, 793 (Iowa 1987) )). Yet we balanced the parent's interests against the children's significant interest in reaching "finality so they can mo......