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Case No. 20-0555

Chico Mario Newman
State of Iowa


Chico Mario Newman


State of Iowa

Attorney for the Appellant

Jamie Hunter

Attorney for the Appellee

Sharon K. Hall, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 29, 2022

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  APPEAL DISMISSED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (5 pages)

            Chico Newman appeals the denial of his petition for postconviction relief.  Because Newman died while this appeal was pending, the State moved to dismiss on mootness grounds.  Rebutting, Newman’s counsel contends collateral financial claims survived Newman’s death.  OPINION HOLDS: Newman’s appeal did not abate upon his death.  But without an estate or personal representative to substitute as party, there is no party to pursue these issues.  Lacking a remaining controversy, all claims are now moot.  And, because the public-interest exception does not apply on these facts, we dismiss.

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