Timothy Lee Hall
v.
State of Iowa
Appellant
Timothy Lee Hall
Appellee
State of Iowa
Attorneys for the Appellant
Ryan J. Ellis and James G. Rowe
Cathleen J. Siebrecht
Attorney for the Appellee
Zachary Miller, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge. AFFIRMED. Considered by Greer, P.J., Ahlers, J., and Doyle, S.J. Opinion by Doyle, S.J. (10 pages)
Timothy Hall appeals the dismissal of his petition for declaratory judgment, in which he sought to clarify the nature of a prior conviction and establish that he is not barred from possessing a firearm or ammunition. He contends the district court violated his right to due process by treating the State’s untimely motion to dismiss as a motion for judgment on the pleadings without notice and dismissing his petition. OPINION HOLDS: It is undisputed in this litigation that Hall admitted in his domestic abuse assault causing bodily injury guilty plea that he pushed his wife—clearly an act of physical force. As such, he pled guilty to an offense with an element of physical force. Therefore, Hall’s plea, regardless of his intent, falls under Iowa Code section 708.1(2)(a) (2021), not (b). Having plead to and been convicted of a misdemeanor crime of domestic violence under section 708.1(2)(a), Hall is not entitled to the declaratory relief he seeks. The district court committed no error in dismissing Hall’s petition.
