State of Iowa v. Lori Dee Mathes

IN THE SUPREME COURT OF IOWA No. 17–1909

Monona County No. SRCR016184

STATE OF IOWA,

CLERK OF SUPREME COURT

Appellee, vs.

LORI DEE MATHES,

Appellant.

The court, McDermott, J., taking no part, being evenly divided, declares this case affirmed by operation of law. See Iowa Code § 602.4107 (2020). Christensen, C.J., and Waterman and Mansfield, JJ., would affirm the MAY 08, 2020 court of appeals decision dismissing the appeal from the district court order assessing court costs; Appel, McDonald, and Oxley, JJ., would vacate the court of appeals decision and vacate the district court’s cost award. “When the supreme court is equally divided on an issue . . . , the decision of the district court is affirmed by operation of law.” State v. Effler, 769 N.W.2d 880, 884 (Iowa ELECTRONICALLY FILED

2009).

Copies to:

Rees Conrad Douglas

The Benson Building

705 Douglas Street, Suite 323

Sioux City, IA 51101

Kevin Cmelik

Martha E. Trout

Assistant Attorneys General

Criminal Appeals Division

Second Floor, Hoover Building

Des Moines, IA 50319

ACLU of Iowa

505 Fifth Avenue, Suite 901

Des Moines, IA 50306

Lisa Ann Foster

1701 Pennsylvania Ave., NW

Washington, DC 20006

Alexander Vincent Kornya

Iowa Legal Aid

1111 – 9th Street, Suite 230

Des Moines, IA 50309

Martha J. Lucey

State Appellate Defender

4th Floor, Lucas Building

321 E. 12th Street

Des Moines, IA 50319

Alan R. Ostergren

Muscatine County Attorney

Muscatine, IA 52761

Case Number Case Title

17-1909 State v. Mathes

So Ordered

Electronically signed on 2020-05-08 07:57:44