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Case No. 22-0127

Leann Faye Werts
Iowa Board of Parole


Leann Faye Werts


Iowa Board of Parole

Attorney for the Appellant

Gordon E. Allen

Attorney for the Appellee

John R. Lundquist, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 17, 2022

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Heard by Bower, C.J., Badding, J., and Potterfield, S.J.  Opinion by Bower, C.J.  (10 pages)

            Leann Faye Werts challenges the Iowa Board of Parole’s (Board) denial of her conditional release based only on the seriousness of her twenty-year-old offenses.  She contends the Board’s reason is contrary to the statutory mandate that release “shall be ordered” when “there is reasonable probability that the person . . . . is able and willing to fulfill the obligations of a law-abiding citizen.”  Iowa Code § 906.4 (2021).  She maintains the Board’s denial here was contrary to law, “and given the factual record, simply irrational and illogical.”  OPINION HOLDS:  The Board’s decision denying petitioner conditional release was within its discretion as provided in section 906.4.  We affirm the district court’s finding the Board did not prejudice Werts’s substantial rights in denying release. 

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