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Case No. 21-1542

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

Timothy Lee Hall
v.
State of Iowa

Appellants

Timothy Lee Hall

Appellee

State of Iowa

Attorneys for Appellants

Ryan J. Ellis and James G. Rowe
Cathleen J. Siebrecht

Attorneys for Appellee

Zachary Miller, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1542
Date Published:
May 25, 2022
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.

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