Chico Mario Newman
v.
State of Iowa
Appellant
Chico Mario Newman
Appellee
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:
Summary
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.
