Daniel Maurice Claybon v. State of Iowa
CourtCourt of Appeals of Iowa
Date FiledJuly 8, 2026
Docket24-1655
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 24-1655
Filed July 8, 2026
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Daniel Maurice Claybon,
Applicant–Appellant,
v.
State of Iowa,
Respondent–Appellee.
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Appeal from the Iowa District Court for Black Hawk County,
The Honorable Linda M. Fangman, Judge.
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AFFIRMED
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Sonia Elossais of Carr Law Firm, P.L.C., Des Moines, attorney for
appellant.
Brenna Bird, Attorney General, and Aaron Rogers, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Greer, P.J., Langholz, J., and Vogel, S.J.
Opinion by Vogel, S.J.
1
VOGEL, Senior Judge.
In 1990, a jury convicted Daniel Maurice Claybon of first-degree
murder in the shooting death of J.W. A panel of our court affirmed his
conviction on direct appeal. See State v. Claybon, No. 90-1605, 1992
WL 198231, at *1 (Iowa Ct. App. Feb. 25, 1992). In the years after that,
Claybon filed five postconviction-relief (PCR) applications; all were denied
by the district court and affirmed on appeal.1
In 2019, Claybon filed his sixth PCR application. It is undisputed that
Claybon filed this application beyond the three-year statute of limitations for
PCR actions. See Iowa Code § 822.3 (2019). To avoid the statutory time-bar,
Claybon alleged there was newly discovered evidence that constituted “a
ground of fact . . . that could not have been raised within the [three-year] time
period.” See id. Specifically, Claybon alleged that two witnesses who testified
at trial—M.H. and T.G.—had recently recanted their prior testimony. To
support this argument, Claybon submitted an affidavit from M.H. and
unsworn interview notes from a private investigator’s phone call with T.G.
The State filed a motion for summary disposition, arguing that
Claybon’s evidence did not meet the elements of a newly discovered
evidence claim and therefore did not satisfy the ground-of-fact exception to
the statute of limitations. Claybon resisted. After a hearing, the district court
granted the State’s motion in a detailed, five-page ruling. Claybon appeals.
1
See Claybon v. State, No. 12-1396, 2014 WL 1999057, at *1–2 (Iowa Ct. App.
May 14, 2014) (explaining procedural history of first and second PCR applications and
affirming dismissal of third PCR application); Claybon v. State, No. 15-0817, 2016
WL 3282228, at *2 (Iowa Ct. App. June 15, 2016) (affirming dismissal of fourth PCR
application); Claybon v. State, No. 18-0695, 2020 WL 1879630, at *1 (Iowa Ct. App.
Apr. 15, 2020) (affirming denial of fifth PCR application).
2
On our review,2 we agree with the district court that the private
investigator’s notes about T.G.’s unsworn statements were “not reliable
enough to warrant more consideration.” See Schmidt v. State, 909
N.W.2d 778, 784 (Iowa 2018) (discussing what the court may consider during
summary-disposition proceedings). We also agree with the district court that
Claybon failed to show that M.H.’s affidavit met the elements of a newly
discovered evidence claim and therefore did not qualify for the ground-of-
fact exception to the statute of limitations. See Moon v. State, 911 N.W.2d 137,
151 (Iowa 2018) (discussing required showing for newly discovered evidence
claim).
The district court properly concluded that Claybon’s claims were
barred by the statute of limitations in section 822.3. Because a full opinion
would not give the parties a better analysis than they have already received
from the district court ruling, and because a full opinion would not develop
or clarify the law, we elect to affirm with this memorandum opinion. See Iowa
Ct. R. 21.26(1)(a), (d)–(e).
AFFIRMED.
2
Our review is for correction of errors at law. Linn v. State, 929 N.W.2d 717, 729
(Iowa 2019).
3