Bobby Eugene McGee, Applicant–Appellant, v. State of Iowa, Respondent–Appellee. (2026)

Bobby McGee pled guilty to first-degree robbery in 2012, and his conviction became final that same year because he did not appeal. He filed a first application for postconviction relief in 2015, the denial of which was affirmed on appeal in 2020. McGee v. State, No. 19-1335, 2020 WL 5650470, at *1–5 (Iowa Ct. App. Sep. 23, 2020). Also in 2020, McGee filed a second postconviction action, which is the subject of this appeal. His only ground for postconviction relief in his second application related to the alleged ineffectiveness of first postconviction counsel.

The postconviction court concluded the 2020 postconviction application was untimely by years. See Iowa Code § 822.3 (2020). On appeal, McGee asserts he deserved an evidentiary hearing to prove “the existence of an exception to the time bar,” but he did not argue this below. We are a court for correction of errors at law, and we do not decide unpreserved errors. State v. Hernandez, 20 N.W.3d 502, 509 (Iowa Ct. App. 2025) (en banc).

To the extent any issue is properly before us, we agree with the postconviction court that McGee's second application for postconviction relief was untimely. See Ruiz v. State, 18 N.W.3d 453, 458–59 (Iowa 2025) (confirming ineffective-assistance claims do not extend the postconviction statute of limitations). To the extent we could construe McGee's appellate brief to challenge the effectiveness of second-postconviction counsel, we do not reach that claim on this record. See Goode v. State, 920 N.W.2d 520, 526–27 (Iowa 2018).

AFFIRMED.

Opinion by Buller, J.