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Case No. 18-1285

In the Matter of T.M., Alleged to Be Seriously Mentally Impaired.

T.M., Respondent-Appellant

Attorney for Appellant

Robb D. Goedicke

Attorney for Appellee

Gretchen Kraemer, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 15, 2020

            Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            T.M. appeals the district court decision finding he was seriously mentally impaired.  OPINION HOLDS: We find T.M. was entitled to a delayed appeal of the magistrate’s decision, giving the district court jurisdiction to consider the appeal.  Consequently, T.M.’s appeal of the district court’s decision is not barred on jurisdictional grounds.  We conclude the district court did not abuse its discretion by proceeding with the hearing when T.M. stated he was ready to proceed.  In the alternative, T.M. has not shown he received ineffective assistance because counsel did not file a motion for a continuance.  T.M. has not cited any legal support for his due process argument and we do not consider it.  We affirm the decision of the district court.

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