
Des Moines, Iowa — The Iowa Court of Appeals on July 22, 2026, upheld the dismissal of Eddie J. Hicks’ second application for postconviction relief, ruling that his claims were both time-barred and repetitive of issues already decided in prior proceedings.
Hicks, convicted of first-degree murder in 2017 for the killing of Kahdyesha Lemon, argued in his latest filing that the State improperly withheld broken glass evidence from a table shattered during the incident. He also raised claims of prosecutorial misconduct, abuse of discretion, and ineffective assistance by his first postconviction counsel.
In a unanimous opinion written by Presiding Judge Schumacher, the court found that Hicks’ second application was filed in March 2022 — more than three years after the July 16, 2018 issuance of procedendo following his direct appeal — violating the three-year statute of limitations under Iowa Code section 822.3.
The court noted that the glass evidence issue had already been litigated and rejected both on direct appeal and in Hicks’ first postconviction proceeding. Citing precedent, the opinion stated that claims of ineffective assistance of prior postconviction counsel do not toll or extend the limitation period.
“The fact that Hicks discovered the glass evidence in 2019 disqualifies it as a new ‘ground of fact,’” the opinion explained. The court further determined that Hicks failed to show any new facts or legal grounds that could not have been raised within the statutory timeframe.
The district court’s dismissal was therefore affirmed.
Hicks represented himself in the appeal. The State was represented by the Attorney General’s Office. The case was decided without oral argument by Judges Schumacher, Ahlers, and Badding.

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