Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-0555

For summaries from opinions prior to August, 2018, view PDF versions here

Chico Mario Newman
v.
State of Iowa

Appellant

Chico Mario Newman

Appellee

State of Iowa

Attorneys for Appellant

Jamie Hunter

Attorneys for Appellee

Sharon K. Hall, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0555
Date Published:
Jun 29, 2022
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.

© 2022 Iowa Judicial Branch. All Rights Reserved.