In the Interest of D.H.
State of Iowa, Respondent-Appellant
Attorney for Appellant State of Iowa
Sarah Jennings and Tyler Grimm (until withdrawal), Assistant Attorneys General
Attorney for Appellee D.H.
D.H., self-represented
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Howard County, Richard D. Stochl, Judge. APPEAL DISMISSED. Considered by Tabor, C.J., and Ahlers and Sandy, JJ. Opinion by Sandy, J. (4 pages)
The State appeals the district court’s dismissal without prejudice of D.H.’s petition for relief from firearms disability. The State argues dismissal without prejudice was improper because an evidentiary hearing on the petition’s merits was held and thus required the district court to deny the petition, which would subject D.H. to the statutory two-year time bar on refiling his petition. OPINION HOLDS: Because we do not have jurisdiction to rule on the applicability of the statutory time bar and any remaining claim is moot, we dismiss the State’s appeal.
